According to the EEOC, pregnancy bias lawsuits have increased 39% during the past decade, usually based on violations of FMLA or the Pregnancy Discrimination Act of 1978. Although pregnancy disability laws protect expectant mothers against discrimination, these protections don't apply when they're consistently late for work because of morning sickness, miss deadlines due to doctor appointments, or have below average job performance in other areas.

If you have 50 or more employees, the FMLA pregnancy protections apply: Pregnant employees are entitled to 12 weeks of leave and continuation of health care benefits, as well as the right to their old job when they return to work. If a pregnancy discrimination case ever gets to a jury you'll be fighting against motherhood. Given this reality, it's wise to err on the side of continued accommodation. If a pregnant employee's work needs to be done, hire a temporary employee or pay overtime to another worker.