Despite Legal Protections, Pregnancy Discrimination Remains Rampant in America

Despite Legal Protections, Pregnancy Discrimination Remains Rampant in America

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While federal laws have long banned workplace discrimination based on pregnancy, recent data makes one thing painfully clear: for millions of American women, those protections aren’t enough. In 2024 alone, the U.S. recorded 3,622,673 births—a 1% increase from 2023—and nearly 47% of the nation’s workforce was made up of women. But despite this growing presence in the labor market, pregnant women, especially Black and Latina mothers, continue to face widespread discrimination, retaliation, and economic harm.

High Rise Financial is spotlighting these challenges in a new report that outlines the layers of bias and legal loopholes impacting mothers nationwide.


Laws Exist—But They’re Often Ignored

The Pregnancy Discrimination Act (PDA) and 2023’s Pregnant Workers Fairness Act (PWFA) were both designed to shield women from discriminatory treatment in the workplace. The PDA ensures pregnant employees aren’t treated unfairly in hiring, promotion, or job retention. The PWFA goes a step further, requiring employers to provide “reasonable accommodations” like flexible scheduling, lighter duties, and time off for medical appointments.

But the reality on the ground paints a different picture.

In 2024, the Equal Employment Opportunity Commission (EEOC) received 2,729 formal complaints of pregnancy-related workplace discrimination. Experts warn the actual number is far higher, as many women fear retaliation or don’t know their rights. One in five mothers report experiencing pregnancy discrimination at work, and nearly a quarter say they considered quitting their jobs as a result.


Racial Bias Deepens the Divide

Workplace discrimination doesn’t affect all women equally. According to workforce data, Black women lead all racial groups in labor force participation at 61%, followed by Hispanic women (58.7%) and Asian women (58.1%). White women rank fourth at 56.5%. However, Black and Latina women face the highest rates of mistreatment, microaggressions, and barriers to advancement—trends that are only intensified during pregnancy.

A 2023 Lean In/McKinsey report confirmed that Black and Latina women are the least likely to be promoted to leadership and most likely to report feeling disrespected at work. In maternity care, 30% of Black women reported mistreatment by providers, including being shouted at, ignored, or denied pain relief. These numbers underscore a disturbing intersection of racial and maternal discrimination that places pregnant women of color in uniquely precarious positions, both at work and in healthcare.


Wage Gaps, Missed Promotions, and the “Motherhood Penalty”

In 2024, women without children earned 83 cents for every dollar earned by men. But for mothers? That number plummeted to 75 cents, and even lower for Black and Latina moms.

And the punishment doesn’t stop there. Mothers see their earnings decline by 17% during the year of childbirth, and over the next ten years, they earn 40% less than fathers. Shockingly, 25% of women return to work within just 10 days of giving birth, driven by financial pressures and the absence of a national paid maternity leave policy.

The U.S. remains one of just seven countries worldwide without paid maternity leave, and the only high-income country in that group. Only 30% of Americans live in states that offer any paid leave. For the majority, the federal Family and Medical Leave Act (FMLA) provides unpaid time off, if they qualify.


Industry-Specific Hotspots for Discrimination

Industries like healthcare, hospitality, retail, and manufacturing report the highest rates of pregnancy discrimination. Jobs in these sectors often involve long shifts, limited flexibility, physical labor, and outdated policies that fail to account for pregnant workers’ needs.

Retail, for example, not only underpays women but also often denies them breaks, seating, or reasonable hours. In transportation, manufacturing, and food service, pregnant workers report being denied accommodations or even fired altogether, clear violations of federal law.


What Needs to Change

“Women shouldn’t have to choose between having a family and keeping their job,” said a spokesperson for High Rise Financial. “The legal protections exist, but they’re not being enforced. And far too often, employers see pregnant employees as liabilities rather than people in need of support.”

To change this, the report calls for:

  • Expanded paid family leave programs nationwide.
  • Stricter enforcement of existing laws like the PWFA and PDA.
  • Cultural shifts in workplaces—especially in male-dominated industries.
  • Greater transparency and training on pregnancy rights.
  • Targeted support for Black and Latina mothers.

High Rise Financial Stands With Working Mothers

High Rise Financial is committed to helping families navigate wrongful termination, wage loss, and job discrimination due to pregnancy. If you believe you’ve been unfairly treated or let go during or after your pregnancy, you are not alone.

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