Pregnancy & Breastfeeding Rights in Virginia
Pregnancy should be a time of joy, not job insecurity or workplace discrimination. Unfortunately, many pregnant and nursing employees in Virginia still face unfair treatment—from denied accommodations to wrongful termination. At The Mundaca Law Firm, we help employees understand and assert their rights during pregnancy, childbirth, and while breastfeeding.
If you’ve been discriminated against due to pregnancy or related medical conditions, or denied the right to express breast milk at work, we’re here to help.
Your Rights Under Federal and Virginia Law
Several federal and state laws protect employees who are pregnant or nursing:
Pregnancy Discrimination Act (PDA)
Under Title VII of the Civil Rights Act of 1964, as amended by the PDA, employers with 15 or more employees cannot discriminate against a worker due to pregnancy, childbirth, or related conditions. This includes hiring, firing, promotions, pay, job assignments, and benefits.
Americans with Disabilities Act (ADA)
If pregnancy causes temporary health conditions (e.g., gestational diabetes, preeclampsia), the ADA may require employers to provide reasonable accommodations.
Family and Medical Leave Act (FMLA)
Eligible employees may take up to 12 weeks of unpaid leave for pregnancy, childbirth, and bonding with a newborn. The FMLA protects your job and benefits during this period.
Virginia Human Rights Act (VHRA)
As of 2020, Virginia law specifically prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers with five or more employees must provide reasonable accommodations unless it would cause undue hardship.
Virginia’s 2020 Pregnancy Accommodation Law
This groundbreaking legislation expanded the protections for pregnant employees in Virginia. Employers must provide accommodations such as:
- More frequent or longer breaks
- Access to seating
- Modified work schedules
- Light-duty assignments
- Temporary transfers to less strenuous positions
Employers are also required to post these rights and notify employees of them in writing.
Virginia Lactation Accommodation Law
Virginia law also requires employers to make reasonable accommodations for breastfeeding employees. This includes:
- Providing a private, non-bathroom space to express milk
- Allowing breaks for expressing milk during the workday
Federal law under the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers) reinforces these rights for many employees across the U.S.
What Qualifies as Discrimination or Retaliation?
Pregnancy and breastfeeding discrimination can take many forms, including:
- Refusal to hire due to pregnancy
- Demotion after announcing pregnancy
- Denial of legally required accommodations
- Termination during or after maternity leave
- Harassment related to pregnancy or breastfeeding
- Denial of pumping breaks or facilities
- Retaliation for asserting your rights or filing a complaint
If you’ve experienced any of these, The Mundaca Law Firm can evaluate your situation and determine the best path forward.
How The Mundaca Law Firm Can Help
Our firm focuses on employment law, and we are dedicated to ensuring employees are treated fairly during one of life’s most significant milestones. Here’s how we support pregnant and nursing clients:
- Case Evaluation: We assess whether your employer’s conduct violates federal or Virginia law.
- Demand for Accommodations: We assist in formally requesting the accommodations you’re entitled to.
- Negotiation & Mediation: We work to resolve disputes with your employer through clear communication and legal leverage.
- Litigation: If necessary, we will pursue legal action to protect your rights and seek appropriate remedies.
Remedies May Include:
- Reinstatement to your position
- Compensation for lost wages and benefits
- Emotional distress damages
- Attorney’s fees and court costs
- Policy changes at your workplace
Know Your Rights. Defend Your Dignity.
Pregnancy and parenthood shouldn’t compromise your career. Virginia law is on your side—but enforcement often requires assertive legal advocacy. The Mundaca Law Firm has the experience, compassion, and determination to stand up for your rights.
Contact Our Virginia Employment Attorneys Today
If you’re facing discrimination related to pregnancy or breastfeeding, don’t wait. Legal deadlines apply, and early intervention can protect your job and your peace of mind.
- Call Us: (202) 474-8500
- Visit Us Online: www.mundacalaw.com
- Locations: Washington, D.C. and Annapolis, MD
Let us help you navigate this time with confidence and clarity. Your family and your career both deserve protection.