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Is an employee or applicant protected from discrimination because of their past pregnancy?

Yes, they are. The Pregnancy Discrimination Act (PDA) explicitly prohibits discrimination based on a current, past or future pregnancy.

For example, a woman may not be terminated from employment because of pregnancy during or upon her return from her maternity leave. A woman may not be passed over for hire or promotion because she was pregnant before. The PDA also protects pregnancy and childbirth-related medical conditions, such as lactation. This means breastfeeding mothers may not be treated differently from other employees and must be allowed time and space for pumping if necessary.

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