Pregnancy discrimination act

Pregnancy discrimination is treating a woman ( applicant or employee) differently because of pregnancy or a medical condition related to pregnancy or  childbirth. The pregnancy discrimination act forbids discrimination based on pregnancy when it comes to any aspect of employment such as paying, hiring , promotions, jobs assignments , layoffs, firing,  training, fringe  benefits  such as leave and health insurance.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964.  Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments.

Pregnant women or women affected by related conditions must be treated in the same manner as other employees or applicants with similar abilities or limitation. The Title VII also applies to employment agencies, labor organizations as well as federal workers.

Title VII’s Pregnancy-Related Protections

Hiring : An employer has no right to refuse to hire a pregnant woman due to her pregnancy or pregnancy related condition or  because of the prejudices of co-workers, clients, or customers.

Pregnancy and maternity leave : An employer cannot single out pregnancy related conditions for  special procedures to determine an employees ability to work. If an employer requires its employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

Pregnant employees must be allowed to work  as long as they are able to perform their jobs. If a pregnant employee has been absent from work due to a pregnancy related condition and recovers , her employer may not require her to stay on leave until the baby is delivered.

If an employer is temporary unable to work due to pregnancy , she must be treated the same as any employer with temporary disability.

Employers must hold open a job for pregnancy related absence the same length of time jobs are open for employees on disability or sick leave.

Health insurance : Health insurance offered by employer must cover  expenses of pregnancy related conditions on the same basis as cost for other conditions.  However health insurance for expenses arising from abortion is not required unless the life of the mother is in danger.

Pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe benefits : Benefits must be provided for pregnancy related medical conditions if benefits are provided for other conditions. If an employer  provides benefits for employers on leave, the same benefit should go for employees on leave for pregnancy related conditions.

Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.