Accommodation obligations that have expanded, and the caregiver claims that follow.
Esshaki Legal Media TeamCurrent as of July 2025
Discrimination because of pregnancy, childbirth or related medical conditions is
sex discrimination, and separate statutes now require affirmative
accommodation.
Equal treatment. A pregnant employee must be treated the same as others
similar in their ability or inability to work. An employer that accommodates
workers injured on the job but not pregnant workers with the same restrictions
faces a strong claim.
Affirmative accommodation. Recent federal legislation requires reasonable
accommodation of known limitations related to pregnancy, childbirth or related
conditions absent undue hardship, on a model similar to disability law,
including for conditions that would not qualify as disabilities. Common
accommodations include seating, additional breaks, modified lifting, schedule
adjustments, and leave.
Lactation. Federal law requires reasonable break time and a private space
that is not a bathroom, with coverage extended to most employees.
Leave. Family and medical leave, short-term disability, state paid leave
programs, and any employer policy — administered consistently, since providing
more generous leave to some categories invites comparison.
Caregiver discrimination. Not a protected class as such, but claims are
brought as sex discrimination based on stereotypes about caregiving
responsibilities, and as association discrimination where the family member has
a disability.