The federal Pregnancy Discrimination Act prohibits employers from asking a female job candidate whether or not she is pregnant. They also cannot refuse to hire a pregnant woman as long as she is able to perform the duties required in the job description.
The PDA applies only to workplaces with 15 or more employees. A pregnant woman applying for a job at an organization with fewer than 15 employees should check with her regional Department of Labor Women's Bureau to determine what her rights are. Also, some religious organizations may be able to legally discriminate against a pregnant woman in hiring if the woman is unmarried and the organization's principles prohibit premarital sex. An employer who violates the PDA can be reported to the Equal Employment Opportunity Commission. A complaint must be filed within 180 days of the violation.