Washington State Pregnancy Rights Explained
In the state of Washington, pregnant employees are subject to several laws that protect them in the workplace. The state has broad anti-discrimination laws that stop employers from discriminating on the basis of pregnancy, pregnancy-related health conditions, or childbirth.
The Washington State Human Rights Commission enforces these laws. For example, the Washington Law Against Discrimination (RCW 49.60.180(1)) prohibits an employer from treating employees or job applicants unfairly on the basis of an individual’s gender, race, color, religion, national origin, age, sex, marital status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog or service animal by a person with a disability.
Furthermore, RCW 49.46.210 prohibits an employer from firing, refusing to hire, or discharging an employee because of a pregnancy-related health condition. If an employer fires a woman or treats her adversely because of her pregnancy, she may have a claim under this law . The Washington State Supreme Court has held that pregnancy discrimination can also happen when a pregnant employee is treated more harshly than an employee without a pregnancy-related health condition who engaged in approximately the same conduct. Other anti-discrimination laws are based on pregnancy itself. For example, the General Equal Treatment Act (GETA), a state law, prohibits an employer from treating a pregnant employee less favorably than a similar employee who gives birth or adopts. GETA provides an employee with just cause to bring a wrongful termination claim if she is terminated within eighteen months of her return from maternity leave because of her pregnancy, giving birth, or adoption. Women must also be permitted to take up to six weeks of maternity leave under Washington’s Maternity Leave Law (MLL).
Beyond these laws limiting workplace discrimination, it is unlawful for businesses to discriminate against women in other public spaces. Under RCW 49.60.215 and RCW 9A.88.110, a business may not deny services to a woman because of a pregnancy-related health condition or for providing services to a woman because she is pregnant.
Workplace Health and Safety Rights for Pregnant Employees
In Washington State, there are several employment protections available to pregnant workers which expand coverage beyond federal requirements under the Pregnancy Discrimination Act. Employers in Washington must provide expectant mothers with a maternity leave of functions, ensuring their attendance is not adversely affected if they must leave work to give birth and recover. Regarding accommodations, under Washington’s Law Against Discrimination (RCW 49.60), employers have a duty to provide reasonable accommodations to employees who may be affected by pregnancy, including pregnancy-related disability. These accommodations can include, but are not limited to: additional restroom breaks; assistance with manual labor; acquisition of seating; and temporary transfers to less strenuous duties. These employments protections further prohibit employers from discriminating against working mothers and fathers because of their parental status. Specifically, it is unlawful: "For an employer to refuse to hire or discharge any person solely because of maternal or paternal responsibilities, or because such person requests a transfer of job functions as a reasonable accommodation. . ." RCW 49.60.180(2)(b).
Healthcare Rights of Pregnant People
Pregnant individuals are entitled to the same level of healthcare services as non-pregnant individuals. This means that they must have access to the same doctors, specialists, and diagnostic or therapeutic treatments and procedures as any other patient. Individuals cannot be denied medical care based on their pregnancy nor can they be charged more for their healthcare needs.
Healthcare providers must provide pregnant patients with the same standard of care as they give to other patients with the same condition. For example, a doctor cannot give a pregnant woman less diagnostic testing related to a diagnosis of cancer than is given to non-pregnant individuals. The law does allow doctors to use a safe alternative for caring for a pregnant person if there is a legitimate medical need regardless of whether another alternative is available. However, the doctor or other health care provider must demonstrate that what they did to the pregnant person is the same treatment as they would give to a non-pregnant person.
It is also important to understand that patients in a hospital have the right to receive care from nurses and other staff members without interruption. If you are feeding your newborn in a hospital, for example, and a doctor comes in to ask you questions about your birth, you have the right to ask them to wait until you can talk. You may find other unreasonable interruptions as well that you can redirect as part of the law.
Laws Related to Pregnancy/Family Leave
Washington state has very broad requirements when it comes to granting time off for a pregnancy-related condition. However, the duration of time under state law is limited to the time needed for pregnancy-related incapacitation.
Under Washington’s family leave laws, employers must allow employees to take reasonable leave for a pregnancy-related disability. That means that if you have had or are seeking a miscarriage or abortion or have had or expect to have a childbirth then you are entitled to pregnancy-related leave from your job. Your employer must provide reasonable time off for incapacitation by the pregnancy. In this context incapacity means not just being sick, but includes both physical and mental incapacitation.
If a doctor ties up your absences in a note citing a pregnancy-related condition, then your employer would be required to provide you some time off. Of course, if your employer does not employ enough employees that you are not covered under the family leave laws, then the employer would not have to provide leave for your pregnancy or pregnancy-related condition.
Your employer may also require you to show up at work if not physically incapacitated or choose to place you in a different, more suitable position during periods in which you are not incapacitated by the pregnancy.
Additionally, it is important to know that the Washington Family Leave laws do not replace your rights under the federal Family and Medical Leave Act (FMLA). However, federal law does not require an employer to consider future FMLA leave, i.e. leave for a future birth or other qualifying event when determining whether you qualify for FMLA leave. However, you would have to meet criteria that include:
The FMLA is a federal law that covers private employers with 50 or more employees for at least 20 weeks in the current or preceding calendar year and all public agencies. Your employer is covered by the FMLA if they have employed you for at least 12 months by the start of your leave and you have worked at least 1250 hours in the previous 12 months.
Student Pregnancy Protections
Pregnant students cannot be discriminated against in educational programs and activities and are entitled to reasonable accommodations so as to not affect the completion of their academic requirements. Further, schools must excuse pregnancy-related absences. Wash. Rev. Code § 28A.640.020(1). School districts must provide reasonable accommodations related to pregnancy or childbirth for both students who are pregnant and those nursing, no matter how long the student has been attending the school or school district or whether the school district receives funding from Title IX , which is the federal law prohibiting sex discrimination in schools. Wash. Rev. Code § 28A.640.020(2). The accommodations may include accommodations for increased time to make up missed assignments and excused absences for diagnosed pregnancy-related medical conditions, as well as treatment and absence due to pregnancy-related health problems. Wash. Rev. Code § 28A.640.030(3). The school must prioritize arrangements that allow the student to participate in classes, programs, and other activities and services even if a schedule change is required and other students are displaced. Wash. Rev. Code § 28A.640.030(3)(c).
In addition, schools must provide pregnant students with programs, services, and extracurricular activities in a non-discriminatory manner.
All single-sex schools must apply these same laws uniformly to all students.
Navigating a Pregnancy Discrimination Claim
Under federal law, pregnancy discrimination is covered under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act. Washington state law has additional protections and prohibitions regarding discrimination against pregnant individuals in Washington, in the form of RCW 49.60.186 and WAC 162-30-020. Nevertheless, in general, pregnancy discrimination in Washington covers situations in which an employer fails to hire, discharges, or discriminates against an individual who is pregnant because of such pregnancy.
Pregnancy discrimination may also be present when after acquire a pregnant employee’s written consent, the employer subjects the individual to the same tests or examinations that other similarly-situated employees or applicants are subject to or offers the individual a choice as to which tests or examinations he or she would prefer.
Washington state law extends the protections of the PDA, as well as additional protections, to individuals affected by pregnancy or childbirth. If you believe that you have been sexually harassed and think that you are a victim of pregnancy discrimination, you could have a claim for damages.
Help and Guidance for the Pregnant
There are numerous resources and support systems available for pregnant individuals in Washington, aimed at creating a comprehensive network of assistance for expectant parents. Government resources include the Washington State Department of Health, which manages programs like the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). This program provides nutrition education and counseling, breastfeeding support, and food assistance. The Washington State Department of Social and Health Services (DSHS) helps with access to medical coverage and health insurance for low-income individuals as well as providing Essential Pregnant Women support services that help find doctors and assist with prenatal care applications. Non-profit organizations, such as the Washington Healthy Kids Coalition and the Washington State Coalition Against Domestic Violence (WCADV), offer resources dedicated to maternal health, child welfare , and child abuse prevention through educational campaigns, direct services, and networking. Community programs and hospitals often provide classes on pregnancy, childbirth, and parenting, as well as lactation consulting services. There are a number of organizations in Washington, including Pre- and Postnatal Wellness Center of BR3AST and Seattle Baby Coach, which educate and assist with labor coaching, postpartum doula services, and natural childbirth. State and local support groups can also be found online and in-person throughout Washington, fostering community among new and expecting parents with similar experiences. The Washington State Department of Health and DSHS routinely update their websites with helpful material, financial aid contact information, and resources. National websites dedicated to pregnancy topics also provide useful tools, such as the American Pregnancy Association, WIC, Lactation Education Resources & Resources and La Leche League of Washington.