Pregnancy Discrimination Laws
Various laws make it illegal to discriminate against an employee because of pregnancy. These laws are broadly interpreted and not only cover discrimination because an employee is pregnant, but also discrimination based on postpartum medical conditions related to the pregnancy, as well as discrimination based on the intent to get pregnant or because the employer believes the employee may get pregnant. Among these pregnancy discrimination laws are the Pregnancy Discrimination Act, Title VII, the Fair Labor Standards Act, and the Americans with Disabilities Act.
What does the Pregnancy Discrimination Act do? What are some examples of the kind of discrimination the law seeks to prohibit?
The Pregnancy Discrimination Act (“PDA”) amended Title VII of the Civil Rights Act, which prohibits discrimination in employment based on enumerated “protected characteristics.” The act simply added pregnancy to the list of protected characteristics, which also includes race, color, sex, religion, national origin.
Under Title VII, as amended by the PDA, employers are prohibited from discriminating in the terms and conditions of employment based on an employee’s pregnancy. This includes prohibitions against discrimination in hiring, termination, promotion, pay, reduction of hours, layoffs, training, employee benefits, and other material terms or conditions of employment, called “adverse actions.”
Employers are also prohibited from harassing an employee because of pregnancy and from retaliating against an employee who complains of pregnancy discrimination.
In addition, the EEOC guidelines state an employer may not discriminate against an employee because they had an abortion or use contraceptives.
Lastly, the PDA requires the employer to keep the employee’s job open while on pregnancy leave for the same period that it keeps jobs open for employees who go on disability or sick leave.
Does this law only offer protection during someone's pregnancy? Does it extend into the postpartum period?
The PDA prohibits discrimination based on pregnancy, and defines pregnancy as pregnancy, childbirth, or related medical conditions. Courts have interpreted this broadly to mean current pregnancy, past pregnancy, potential or intended pregnancy, or medical conditions related to pregnancy or childbirth.
The prohibition against current pregnancy, in addition to the obvious, includes treating a pregnant employee differently based on stereotypes and assumptions related to pregnancy.
In regards to past pregnancy, an employer is prohibited from terminating an employee or otherwise taking an adverse action because of a pregnancy related medical leave for recovery from pregnancy, or because of parental leave.
In regards to potential or intended pregnancy, an employer may not discriminate against an employee because the employer believes the employee may get pregnant, or because the employee has stated an intention to become pregnant.
The prohibition against pregnancy discrimination also includes discrimination against an employee based on a medical condition related to the pregnancy or childbirth, and therefore extends past pregnancy in some cases according to the EEOC.
Does the Pregnancy Discrimination Act offer protections for nursing parents who need to pump at work?
Whether the PDA provides protections for nursing parents who need to pump at work is a matter of interpretation. Some courts have held that this is a pregnancy related and therefore an employer is prohibited from discriminating against and employee who needs to pump at work, others have held it is not.
However, the Affordable Care Act amended the Fair Labor Standards Act to require employers to provide a nursing mother a reasonable break time to express milk, as well as a place for the employee to do so. In general, if the employer has at least two employees and a gross of $500,000 or more a year, this applies to the employer.
Does the Pregnancy Discrimination Act protect parents who experience a pregnancy-related condition that persists after childbirth, like postpartum depression or postpartum preeclampsia?
Technically, because the condition is pregnancy related, the PDA would provide protection. However, courts have treated these issues as disabilities and analyzed them under the American Disabilities Act. Thus, under the ADA, the employer generally may be required to provide reasonable accommodations to employees experiencing postpartum disorders.
If someone believes they have experienced pregnancy discrimination, what can they do about it? Is it appropriate to go to HR?
If someone is experiencing pregnancy discrimination, they have a few options. First, they can go to human resources and report the pregnancy discrimination. In doing so, the employee should make it clear that they believe the basis for the mistreatment is because of the pregnancy. Title VII, as amended by the PDA, prohibits an employer from retaliating against an employee for making a charge of discrimination in good faith.
An employee can also file a complaint with the Equal Opportunity Employment Commission (EEOC), who may investigate on behalf of the employee.
Lastly, the employee could contact an employment attorney. Fett Law has over 35 years of experience handling discrimination claims and was won a jury verdict in excess of $400,000 in a pregnancy discrimination case. Visit our homepage and contact us for a free case evaluation.
This page is for general informational purposes only and should not be considered legal advice
