Pregnant and nursing workers in DC have more legal protections than they did five years ago, and most do not know how the layers fit together. The DC Human Rights Act, the federal Pregnant Workers Fairness Act, and the federal PUMP Act each cover a different slice of the same workplace. A wrongful termination attorney DC employees consult after a pregnancy- or breastfeeding-related firing usually has to plead under more than one statute to cover the gaps, because each law fills holes the others leave open.
A quick map of who does what
The federal Pregnant Workers Fairness Act, in effect since June 2023 with final EEOC regulations from June 2024, requires employers with 15 or more employees to provide reasonable accommodations for “known limitations” related to pregnancy, childbirth, or related medical conditions, unless they impose an undue hardship. The PWFA borrows the ADA’s interactive process and is enforced by the EEOC. Damages mirror Title VII, capped between $50,000 and $300,000 depending on employer size.
The PUMP for Nursing Mothers Act, in force since 2022 and fully enforceable since April 2023, amended the Fair Labor Standards Act to require reasonable break time and a private non-bathroom space for employees to express breast milk for up to one year after the child’s birth. PUMP applies to nearly all employers, with a narrow undue-hardship carve-out for those with fewer than 50 employees. Remedies include reinstatement, lost wages, and attorney’s fees.
The DC Human Rights Act covers DC employers with even one employee. Its definition of “sex” discrimination includes pregnancy, childbirth, breastfeeding, related medical conditions, and reproductive health decisions. DCHRA recoveries are uncapped, the OHR filing window is 365 days, and DC’s own pregnancy accommodation language has been part of the DCHRA since 2014, predating the federal PWFA.
Scenario 1: Refused light duty or pregnancy accommodation
A pregnant warehouse worker is told to lift the same 50-pound boxes as everyone else, despite a doctor’s note. A pregnant nurse is denied a stool, frequent restroom breaks, or a temporary reassignment away from chemical exposure. The employer either refuses outright or pushes the worker onto unpaid leave when accommodations are available.
Where the statutes land:
- The PWFA is usually the lead claim. Forcing leave when accommodation is possible is one of the EEOC’s flagged enforcement priorities, and early PWFA litigation has focused on exactly this pattern.
- The DCHRA layers on with uncapped damages and a broader definition of pregnancy-related conditions.
- Title VII’s Pregnancy Discrimination Act may also apply where the conduct is comparatively discriminatory.
Scenario 2: Denied lactation breaks or no place to pump
A returning new mom is told to pump in the bathroom, on her unpaid lunch break, or only at specific times. She is written up for “extra” breaks. The company says it “does not really have space for that.”
Where the statutes land:
- The PUMP Act is the lead, and the law is direct. The space cannot be a bathroom. Break time must be reasonable and provided each time the employee needs to pump. Coverage runs one year after birth.
- The PWFA also applies because lactation is a “related medical condition” under EEOC guidance, which can mean adjustments beyond break time (refrigeration access, temperature controls, schedule flexibility).
- The DCHRA’s express inclusion of breastfeeding adds a state-level claim with no damages cap.
If the worker is fired or disciplined after raising the issue, retaliation claims layer on under each statute.
What a Wrongful Termination Attorney DC workers trust looks at first
When intake involves a pregnancy or breastfeeding firing, counsel usually wants:
- The timeline between disclosure or return from leave and the discipline or firing
- The accommodation request itself, ideally in writing
- The employer’s response, including any documented interactive-process steps
- Comparators: how the employer treated non-pregnant employees with similar physical limitations
- Performance documentation from before and after the protected event
- Whether the worker is also using DC Universal Paid Leave, DC FMLA, or the federal FMLA
- The size of the employer, since PWFA’s 15-employee threshold and PUMP’s under-50-employee undue-hardship carve-out both matter
The combination drives the strategy. A small employer with no real PUMP undue-hardship defense and a DCHRA claim with uncapped damages presents differently from a 500-person federal contractor facing a PWFA charge.
Scenario 3: Post-leave restructuring
A new parent returns from maternity leave to find her role “restructured.” Client portfolio redistributed, direct reports moved under a different manager, bonus structure changed in her absence. Two months later she is told the company is “moving in a different direction.”
Where the statutes land:
- The federal FMLA and the DC FMLA both require restoration to the same or an equivalent position. A materially reduced role is often the FMLA claim.
- The DCHRA covers the discrimination angle when the restructuring tracks the pregnancy or leave rather than a legitimate business need.
- The PWFA may apply if any post-leave accommodation request was denied as part of the same pattern.
- The DC Universal Paid Leave Act prohibits retaliation for using paid leave, adding a separate cause of action.
Damages and forum
OHR has a 365-day filing window for DCHRA claims. EEOC has a 300-day window for PWFA and Title VII pregnancy claims. PUMP Act claims can be filed directly in federal or DC Superior Court without administrative exhaustion, or through a DOL Wage and Hour complaint. The DCHRA path generally allows the biggest damages number because nothing is capped.
Bottom line
The DCHRA, the PWFA, and the PUMP Act do not duplicate each other. They layer. A pregnant or nursing worker fired in DC almost always has a claim under at least two of them, and often three. A consultation with a wrongful termination attorney DC employees rely on can map the facts to the right statutes, identify the strongest theory before any deadline closes, and decide whether OHR, EEOC, or a direct lawsuit is the right starting point. Useful background reading: the EEOC’s PWFA guidance at eeoc.gov, the DOL Wage and Hour PUMP Act fact sheet at dol.gov, and DC OHR’s pregnancy discrimination page at ohr.dc.gov. Internal pages worth pairing with this post include the firm’s DC Universal Paid Leave overview, a constructive discharge primer, and a severance review page.
