Despite landmark legislation like the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act, millions of women in the U.S. are still penalized for having children, whether through lower pay, lost promotions, or outright job loss.
A new report from High Rise Legal Funding reveals that pregnancy discrimination in the American workplace remains both pervasive and deeply racialized, especially for Black and Latina women. From hostile conditions to wage penalties and lack of accommodations, the data paints a troubling picture of how the country’s workforce continues to fail its expecting mothers.
The Numbers Behind the Crisis
| Metric | 2024 Data |
|---|---|
| Babies born in the U.S. | 3,622,673 |
| Women in the U.S. workforce | 79.2 million |
| Women working full-time | 55.8 million |
| Pregnancy-related EEOC complaints | 2,729 |
| Women who’ve faced pregnancy discrimination | 1 in 5 |
| Pregnant women who considered quitting | 23% |
| Women afraid to disclose pregnancy at work | 21% |
Even with clear protections on paper, the majority of pregnant workers receive no meaningful accommodation, and many fear retaliation simply for requesting what they’re legally entitled to.
The “Motherhood Penalty” Is Real – and Measurable
| Earnings Comparison | Average Ratio to Male Earnings |
|---|---|
| Non-mothers | $0.83 per $1.00 |
| Mothers (all races) | $0.75 per $1.00 |
| Black mothers | $0.62 per $1.00 |
| Latina mothers | $0.57 per $1.00 |
Mothers earn 40% less than fathers over the decade following childbirth, and their careers often stagnate or regress after giving birth. While new fathers tend to be rewarded or promoted, new mothers are more likely to be passed over or pushed out.
According to the report, 61% of women say motherhood hurt their career, and nearly 1 in 4 were denied promotions, reassigned, or demoted after becoming pregnant.
A Racially Unequal Burden
Although White women gave birth to the highest number of babies in 2024 (1.78 million), Black and Hispanic women are more likely to be pregnant while holding full-time employment, and more likely to be discriminated against for it.
| Race/Ethnicity | Labor Force Participation | Births in 2024 |
|---|---|---|
| Black women | 61.0% | 472,756 |
| Hispanic women | 58.7% | 982,253 |
| White women | 56.5% | 1.78 million |
| Asian women | 58.1% | N/A |
Black and Latina women are also more likely to face disrespect, microaggressions, and poor treatment during maternity care. In 2024, 40% of Black women and 37% of Hispanic women reported being discriminated against during childbirth or recovery, figures nearly double that of their White counterparts.
Which Industries Are the Worst for Pregnant Workers?
The report identifies several sectors where pregnancy-related discrimination is especially high:
- Healthcare & Social Assistance: Physically demanding roles, long shifts, limited break policies
- Food Service & Hospitality: Little to no schedule flexibility; standing-based jobs
- Retail Trade: Lack of seating, breaks, or flexibility; low pay
- Transportation & Warehousing: Physically intensive labor with few accommodations
- Manufacturing & Utilities: Dangerous machinery, inflexible hours, and high discrimination claims
These fields consistently report the highest number of pregnancy discrimination charges per 100,000 female workers.
Paid Leave: Still Out of Reach
The U.S. remains the only wealthy nation without a national paid maternity leave policy.
| Country | Paid Leave (Weeks) |
|---|---|
| Sweden | 68 |
| Canada | 50 |
| U.K. | 39 |
| Japan | 58 |
| United States | 0 |
Only 10 states and D.C. offer some form of paid leave. For the remaining 70% of Americans, new mothers must often return to work within weeks, sometimes just 10 days, after childbirth.
Without paid leave:
- Postpartum depression increases
- Maternal and infant health outcomes worsen
- Financial strain deepens
- Long-term earning potential suffers
Economic Toll of Discrimination
- Mothers lose $1,861 in wages within three months of returning to work
- Average long-term wage penalty: 40%
- 18% of mothers switch employers within a year
- 25% return to work in under 2 weeks
Yet replacing a terminated employee costs 16% – 200% of their annual salary, making discrimination not just cruel, but costly.
The Mental and Medical Toll
- 23% of all pregnancy-related deaths stem from mental health issues
- 1 in 5 women experience postpartum depression
- Many delay or skip postpartum care due to job loss or lack of insurance
- 45% of women report withholding questions from medical staff out of fear, shame, or exhaustion
The Path Forward
If the U.S. wants to support its workforce and its families, it must act on three fronts:
- Enforce anti-discrimination laws – especially in male-dominated industries
- Expand paid family and medical leave – beyond 10 states
- Promote equitable workplace cultures – that value mothers as essential, not expendable
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