KENTUCKY & OHIO · EMPLOYEE RIGHTS
Pregnancy discrimination
Treated differently after sharing your pregnancy, denied a workplace adjustment, or pressured to leave? Thompson Legal helps employees in Kentucky and Ohio understand their options. We represent individuals. We never represent employers or government.
Start with what changed at work
Pregnancy should not cost you fair treatment. Look at what changed, when it changed, and what your employer said—not just the label used for the decision.
Lost opportunities
Your hours were cut, a promotion disappeared, or you were fired after your employer learned you were pregnant.
Support refused
A request for breaks, a schedule change, help with lifting, or time for medical appointments was denied.
Pressure to leave
You were pushed onto leave, discouraged from returning, or treated worse after asking for support.
You can ask for support and fair treatment
Protections can apply during pregnancy, after childbirth, and for related medical conditions. Being an at-will employee does not erase those rights.
Several laws may apply to the same situation. We can help separate an unfair employment decision, an accommodation request, and a leave issue.
CONNECTING YOUR EXPERIENCE TO THE LAW
Which protections may apply?
Federal law addresses both unequal treatment and workplace adjustments. Kentucky and Ohio add protections of their own. Open the section that fits your question.
Title VII · Pregnancy discriminationProtection from unequal treatment and harassment.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act amended Title VII to prohibit discrimination because of pregnancy, childbirth, or related medical conditions. It requires equal treatment of workers who are similar in their ability or inability to work.
This protection reaches decisions such as hiring, firing, promotion, demotion, pay, and assignments. Severe circumstances that force a resignation may raise a constructive-discharge claim, but that has a demanding legal standard.
Title VII generally covers employers with at least 15 employees for the required period. Independent contractors generally are not covered as employees. Public-sector rules and procedures can differ.
Employers may be responsible for unlawful harassment, including harassment by customers when the legal requirements are met. Title VII generally imposes liability on the employer rather than individual supervisors. The PDA’s equal-treatment rule is distinct from the PWFA’s accommodation duty.
Pregnant Workers Fairness ActAdjustments for pregnancy, childbirth, and related limitations.
Reasonable accommodations under the PWFA
The PWFA generally requires covered employers with at least 15 employees to reasonably accommodate a qualified applicant’s or employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.
The limitation does not have to qualify as a disability. Tell your employer that you need a change at work because of a pregnancy-related limitation. You do not need to use the name of the law.
Possible adjustments include extra breaks, seating, schedule changes, help with lifting, light duty, and time for medical appointments. You and your employer should discuss effective options through an interactive process. Eligibility and undue hardship depend on the facts.
A covered employer cannot require leave if another reasonable accommodation can be provided. The law also protects workers against retaliation for requesting or using an accommodation.
Kentucky Civil Rights ActEqual treatment and pregnancy-related accommodations.
Kentucky pregnancy protections
Kentucky law includes pregnancy, childbirth, and related medical conditions within sex-discrimination protections. The general employer threshold is eight employees in Kentucky for the required 20-week period; the pregnancy-accommodation provisions use a 15-employee threshold.
Possible accommodations include longer or more frequent breaks, childbirth recovery time, equipment changes, seating, a temporary less strenuous position, light duty, a modified schedule, and a private space other than a bathroom for expressing breast milk.
Covered employers and employees must discuss effective accommodations in a timely, good-faith process. An employer need not provide an accommodation that creates undue hardship, meaning significant difficulty or expense in context. Leave cannot be required when another reasonable accommodation can be provided.
A Kentucky civil-rights claim generally does not require a prior Kentucky Commission on Human Rights charge. Choosing an agency or court route can affect your options. Individual-supervisor liability also depends on the claim; ordinary discrimination claims generally run against the employer.
Read KRS 344.030 and KRS 344.040.
Ohio Civil Rights ActState protection and the required filing process.
Ohio pregnancy protections
Ohio’s prohibition on sex discrimination includes pregnancy, pregnancy-related illness, childbirth, and related medical conditions. The law requires equal treatment for employment purposes of workers similar in their ability or inability to work. Ohio’s employer definition generally covers employers with four or more employees in the state.
Ohio employment-discrimination lawsuits generally require an Ohio Civil Rights Commission charge and satisfaction of the statutory right-to-sue requirements first. Exceptions exist. Get advice about the correct process rather than assuming you can go straight to court.
Read R.C. 4112.01 and R.C. 4112.052.
PRACTICAL ANSWERS FOR YOUR WORKDAY
Questions about working while pregnant
Open a question for a short answer. The protections that apply depend on your employer, your needs, and the law covering your situation.
Can my employer fire me or cut my hours because I’m pregnant?
No, a covered employer cannot lawfully take those actions because of pregnancy. Pregnancy does not prevent an employer from making a legitimate decision for an unrelated reason. Comments, timing, changing explanations, and how other employees were treated can help distinguish the two.
Do I have to tell a potential employer I’m pregnant?
You generally do not have to disclose pregnancy during a job interview. A covered employer cannot refuse to hire you because you are pregnant or assume you will be unable to do the job. If you need an adjustment during hiring or at work, tell the employer about the pregnancy-related limitation and the change you need.
How do I ask for a pregnancy accommodation?
Use plain language: “Because of my pregnancy, I need a stool at my workstation,” or “I need a schedule adjustment for prenatal appointments.” You do not need to mention a statute or use a special legal phrase. A written follow-up can help confirm what you requested.
Do I need a doctor’s note for every request?
No. Under the PWFA, medical documentation is not always permitted or needed. For example, many basic requests involving water, restroom breaks, eating or drinking, and sitting or standing do not require documentation. When documentation is reasonable, the request should be limited to information needed to support the accommodation—not your entire medical history.
Can I ask for more bathroom breaks, water, or a place to sit?
Yes. These are common pregnancy-related accommodations. Explain the change you need and why it relates to pregnancy. Covered employers must consider reasonable accommodations under the PWFA; the law does not require your limitation to qualify as a disability.
What if my job requires heavy lifting or standing all day?
Ask about an adjustment that addresses your limitation, such as lifting assistance, seating, modified duties, or a temporary assignment. The answer depends on the job and available options. The PWFA can sometimes require temporarily suspending an essential duty, subject to its qualification and undue-hardship rules.
Can I take time for prenatal appointments or morning sickness?
A schedule change, additional breaks, or time off may be a reasonable accommodation. Eligible workers may also qualify for FMLA leave for prenatal care or pregnancy-related incapacity. Whether time is paid is a separate question governed by applicable policies, benefits, and law.
I just started this job. Do I have to wait a year for help?
Not necessarily. The PWFA does not impose the FMLA’s 12-month service requirement. You may have accommodation rights even when you are too new to qualify for FMLA leave. Employer coverage, your limitation, and the requested adjustment still matter.
What if my employer ignores my request or says “we don’t do light duty”?
Ask for a response and discussion of workable alternatives. A blanket policy does not necessarily resolve an accommodation request, and an unnecessary delay can violate the PWFA. Keep the request and responses, and seek advice promptly if your health-related needs or job are at risk.
Can my employer punish me for asking for an accommodation?
A covered employer cannot lawfully retaliate against you for requesting or using a PWFA accommodation or exercising other protected rights. Reduced hours, threats, or discipline after a request deserve a closer look. Timing alone does not prove retaliation, but the explanation and surrounding facts matter.
Will I get my job back after pregnancy or childbirth leave?
If you take qualifying FMLA leave, you generally have the right to return to the same or an equivalent job with equivalent pay, benefits, and working conditions. Exceptions exist, and FMLA does not give greater rights than you would have had without leave. Other leave and accommodation laws may also affect your return. Read the Department of Labor’s FMLA answers.
What if I need breaks and a private space to pump breast milk?
Most nursing employees have federal rights to reasonable pumping breaks and a private space, other than a bathroom, for one year after birth. Coverage and limited exceptions matter. The PWFA and state law may provide additional protection. Read the Department of Labor’s pumping-at-work guidance.
Will my leave be paid?
Pregnancy does not automatically create a right to paid leave. Pay may depend on employer policies, available paid time off, benefit plans, or other rules that apply to your job. Review the actual policy rather than assuming all leave is unpaid.
Can I take protected leave?
The FMLA may provide eligible employees of covered employers with unpaid, job-protected leave. Employer size, time worked, and other eligibility rules matter. Accommodation laws may provide additional options even when FMLA does not apply.
Can my employer force me onto leave?
Under the PWFA, a covered employer cannot require leave if another reasonable accommodation can be provided. Kentucky has a similar accommodation rule. Whether those protections apply depends on your employer, your needs, and the available adjustment.
For more on requests, documentation, and workplace adjustments, see the EEOC’s PWFA questions and answers.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. An internal grievance generally does not extend the deadline for filing an EEOC charge. See the EEOC’s filing deadline guidance.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your pregnancy discrimination, accommodation, or leave concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.
