Federal, state and local laws prohibit discrimination on the basis of pregnancy, which typically also encompasses childbirth, breastfeeding and related medical conditions, according to employment attorneys Jill Vorobiev and Mallory McCarthy.

There are certain steps that employers can take to mitigate legal liability for pregnancy-based discrimination, harassment and retaliation.

First, employers can implement and enforce workplace policies that prohibit pregnancy-based discrimination. For example, employers may maintain equal employment opportunity and anti-discrimination policies that, among other things, prohibit pregnancy-based discrimination with regard to all employment decisions, including hiring, promotion, discipline and discharge. Employers should ensure their managers are familiar with these policies and how these policies should shape the ways in which managers interact with pregnant employees.

Second, employers can train their managers on effectively handling aspects of employment that may impact pregnant employees. Training may focus on navigating the reasonable accommodation process with employees who are pregnant or requesting accommodation for related medical conditions. With regard to this training, employers may consider conducting manager training that focuses on aspects of the newly enacted federal Pregnant Workers Fairness Act, which went into effect on June 27, 2023. This new law generally requires employers with at least 15 employees to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth or related medical conditions. This training may consist of information regarding where to direct these requests (i.e., HR) and how to implement approved accommodations for employees.

Other manager training may focus on effectively handling complaints of pregnancy-based discrimination or proper hiring practices when interviewing applicants or employees. For example, when interviewing individuals for hire or promotion, managers should refrain from asking questions directed at uncovering the individual’s pregnancy (or non-pregnancy) status.

I would remind hiring managers that we only need to focus on the relevant attributes of the job, says HR Leader Erin ImHof.

It doesn’t matter if the applicant is pregnant; as long as they can do the role, that’s what matters. I’d also remind managers that they can hire a temp and that they should appropriately plan on distributing the employee’s work once during the upcoming job-protected leave.

I have provided in-depth training to our supervisors about protected classes, including pregnancy, says HR Director Amber Kilmer. All hiring decisions are reviewed and approved through my department, and we use a scoring matrix. I also regularly audit interview panels.

The best way to ensure managers make good decisions is training, according to Aggie Flores, an HR Director in Delaware. Many managers are promoted without any training on managing people or any of the laws that now affect them in a different way.

For pregnancy, it’s important to remind managers to communicate with the employee and make sure that any issues are discussed, any accommodations needed are discussed, and no decisions are made without consulting HR to ensure fairness and objectivity.