Fired or demoted after announcing a pregnancy? You may have a discrimination claim under federal and Michigan law.
Pregnancy discrimination in Michigan is unlawful under both federal and state statutes. Treating a pregnant employee worse than a non-pregnant peer violates both Title VII (as amended by the PDA) and the Michigan ELCRA. Damages can be substantial.
What pregnancy-discrimination law protects.
Title VII, as amended by the Pregnancy Discrimination Act of 1978, prohibits sex-based discrimination including discrimination because of pregnancy, childbirth, or related medical conditions. The Michigan Elliott-Larsen Civil Rights Act (ELCRA) adds an independent state-law claim covering the same conduct, often with broader remedies.
The core rule: a pregnant employee must be treated the same as other employees who are similar in their ability or inability to work. If a non-pregnant coworker with a comparable limitation would have received an accommodation or continued employment, so must the pregnant employee.
The Pregnant Workers Fairness Act (PWFA), effective 2023, added an affirmative duty on covered employers to provide reasonable accommodations for known limitations related to pregnancy.
Pregnancy discrimination vs. pregnancy retaliation.
Discrimination
Adverse action because of the pregnancy itself — firing, demotion, denial of a promotion, or denial of an accommodation that a non-pregnant peer would have received.
Retaliation
Adverse action because the employee complained about pregnancy-related treatment, requested an accommodation, or otherwise engaged in protected activity.
The 10-point pregnancy discrimination evidence checklist.
01 · Your announcement records
Email, Slack, or written notice of the pregnancy, and your supervisor’s / HR’s acknowledgment.
02 · Performance reviews before and after
A flip from positive to negative is one of the strongest evidentiary patterns.
03 · Accommodation requests and responses
Anything you asked for and any written response from HR.
04 · Termination letter or notice
Plus any PIP, write-up, or warning issued after the pregnancy became known.
05 · Emails or comments about your pregnancy
Comments from managers, HR, or peers — even joking or ‘supportive’ ones can be probative.
06 · Comparator data
How were similarly-situated non-pregnant coworkers treated?
07 · Medical documentation
Notes from your OB/midwife about any work restrictions or pregnancy-related conditions.
08 · Severance or separation agreement
Never sign before review.
09 · Pay records
W-2s, paystubs, bonus history, benefits — needed to calculate damages.
10 · Written timeline
Dates and details from your perspective.
Damages in a winning pregnancy case.
Back pay
Wages, bonuses, commissions, and benefits from the adverse action through judgment, less mitigation.
Front pay
Future lost earnings where reinstatement isn’t practical.
Compensatory
Emotional distress, mental anguish. Title VII capped by employer size; ELCRA uncapped.
Punitive
Available under Title VII for malicious violations (capped). Not authorized under ELCRA.
Attorneys’ fees
Both statutes are fee-shifting.
Reinstatement
Court-ordered return to your position or the position you would have held.
Think you were treated worse because of pregnancy? Let’s find out.
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