In 1997, Title VII of the Civil Rights Act of 1964 was amended by the introduction of the Pregnancy Discrimination Act (PDA). The PDA specifies that discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.  Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work. Employers must be aware of this law to avoid any accusation of discrimination in these key areas of employment:

Hiring and Working Conditions: Similar to the Americans with Disabilities Act (ADA), an employer cannot refuse to hire a woman because of a pregnancy-related condition as long as she is able to perform the major functions of her job. The PDA also forbids discrimination based on pregnancy in any other aspect of employment, including pay, promotions, training, and firing. When making any employment-related decision about an employee who may be covered by the PDA, an employer should be able to clearly identify how that decision was made to avoid any perception of discrimination.

Pregnancy and Maternity Leave: Pregnant employees must be permitted to work as long as they are able to perform their jobs.  If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Under FMLA, there may be an exception to this for instructional staff. For more information regarding instructional staff, see the Employer’s Guide to the Family and Medical Leave Act, page 54.

Pregnancy and Temporary Disability: If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. The employer should engage the employee in the interactive process prescribed by the ADA of determining a reasonable accommodation. For more information on the interactive process, visit https://askjan.org/topics/interactive.cfm.

Health Insurance: If an employer provides health insurance, the insurance must cover expenses for pregnancy-related conditions on the same basis as expenses for other medical conditions.  It’s also important to remember that health insurance benefits for an employee on leave under FMLA must be continued through the designated leave period.

For more information about the PDA, visit the U.S. Equal Employment Opportunity Commission’s Pregnancy Discrimination Fact Sheet at https://www.eeoc.gov/laws/guidance/fact-sheet-pregnancy-discrimination.