The Law

Employers cannot discriminate against women who are pregnant or may become pregnant in hiring, promotion, wages and other terms and conditions of employment, unless based upon a bonafide occupational qualification, which is a narrow exception that an employer would have the burden of showing an employee not being pregnant is necessary to the normal operation of business. 

• A female employee affected by pregnancy, childbirth, or related medical conditions shall be treated in the same manner as any employee affected by any other temporary disability.
• Pregnant women must be allowed to take leave for periods of temporary disability due to pregnancy, maternity (leave) or related medical conditions. Employees who are not eligible for FMLA are still entitled to leave under RSA 354-A:7. 
• When the employee is physically able to return to work, the employer must return her to her former position or a comparable position, unless business necessity makes this impossible or unreasonable. 

Pregnancy discrimination can be based on:

• Current pregnancy
• Past pregnancy
• Potential pregnancy
• Medical conditions related to pregnancy or childbirth
• Breastfeeding/lactation
• Contraception 
• Permanent or temporary disability