The Pregnancy Discrimination Act of 1978. To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection: " (k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to , because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, ...
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Pregnancy Discrimination & Work Situations. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
Additionally, impairments resulting from pregnancy (for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine) may be disabilities under the Americans with Disabilities Act (ADA).
However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
The federal Pregnancy Discrimination Act of 1978 requires employers to treat all employees who are temporarily disabled due to pregnancy or childbirth just as they would treat employees who suffer a different type of disability. The Act also prevents employers from: 1 Firing women because they are “showing” (appear pregnant) 2 Refusing to hire women that are pregnant, based on the assumption that the employment would only last until they gave birth 3 Forcing women to stop working once they begin showing, or progressing into advanced pregnancy
A woman who has been discriminated against should also: Keep a Record – Write down what happened, including all details such as date, time, and place of the incident, names of people involved, and whether the employer took action to correct the problem.
The EEOC is the federal agency charged with enforcing anti-discrimination laws, including those listed in the Pregnancy Discrimination Act.
If a woman is discriminated against, she must file a complaint within 180 days of the discriminatory act, or she may forfeit her legal rights to file a charge. Even if the woman is no longer employed by the business entity, she can file a complaint within this time period.
For example, an employer cannot refuse to hire a woman in her childbearing years because the job requires her to work with toxic chemicals known to cause birth defects. The Act also protects women who need time off to recover, not only from childbirth, but from miscarriages or other issues relating to pregnancy and childbearing.
While employers of more than 14 employees were prohibited from discrimination based on sex, the Pregnancy Discrimination Act added pregnancy and related conditions to the law. To explore this concept, consider the following Pregnancy Discrimination Act definition.
Discrimination – The practice of unfairly treating different categories of people, especially on the grounds of ethnicity, national origin, gender, race, religion, and sexual orientation. Discriminatory Act – An act made showing unfair or prejudicial distinction for or against different categories of people.
The pregnant employee should only be subject to the same procedures as all other employees . An employer is not allowed to keep a pregnant woman from taking a leave, and the employer cannot disallow a woman from going back to work after childbirth.
The purpose of the Pregnancy Discrimination Act (PDA) was to help eliminate discrimination against pregnant employees. However, while the Pregnancy Discrimination Act has been in effect for longer than three decades, pregnant women still face unfair treatment and negative stereotypes. According to a United Kingdom study, ...
Employers must leave the job position of a pregnant employee open the same amount of time that they would a position for an employee who is disabled or on leave.
Employees must receive the same pregnancy-related benefits no matter their marital status.
What Should a Pregnant Employee Do If She Believes Their Employee Has Discriminated Against Them Due to Pregnancy or Pregnancy-Related Conditions? 1 Employees should not wait if they want to file a claim with the EEOC. 2 Most of the time, employees are required to file a discrimination claim with the EEOC within six months of the discriminatory action in order to retain legal rights. 3 Employees can file a claim with the EEOC even if they don't work at the same company anymore. 4 Employees are not required to hire an attorney to file a claim. 5 Employees simply need to go to the EEOC website to look up the instructions for filing a claim of discrimination.
Pregnancy Discrimination Act (PDA) The Pregnancy Discrimination Act of 1978 was a huge step toward the goal of workplace equality for the women of America. However, even today, pregnancy discrimination threatens the financial security of pregnant women as well as their families. In some cases, pregnancy discrimination leads to devastating ...
The PDA is only applicable to employers who have at least 15 employees. The PDA states that women who are pregnant or who have pregnancy-related conditions must be treated in the same way as other employees and job applicants who have similar limitations or abilities.