Pregnancy Discrimination

Pregnancy discrimination occurs when an employee is treated inequitably or unfairly because she is expecting a child. Pregnancy discrimination is one of the fastest growing types of employment discrimination in the United States, with the number of complaints filed with the Equal Employment Opportunity Commission (EEOC) rising 39% from 1992 to 2003.

The Pregnancy Discrimination Act

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of race, national origin and sex. In 1978, Title VII was amended to prohibit discrimination based on pregnancy, childbirth and related medical conditions. This amendment, known as the Pregnancy Discrimination Act, requires employers with fifteen or more employees to treat pregnant employees as they would treat employees with any other medical condition. Specifically, the Pregnancy Discrimination Act provides the following protections:

• Hiring. An employer may not make a hiring decision based on pregnancy, a pregnancy-related condition or the likelihood that an employee will become pregnant.
• Firing. An employee may not be fired or demoted because they are pregnant. A pregnant employee must be permitted to work as long as she is able to competently perform her job duties.
• Pregnancy and Maternity Leave. An employer must treat pregnancy and maternity leave as it would treat an employee's leave for any other medical condition. Pregnant women are thus entitled to the same disability benefits and privileges given to all employees. An employer may not prohibit an employee from returning to work for a certain period of time after childbirth. If an employee has a pregnancy-related absence from work, an employer must hold the position open for the same length of time it would be held open for an employee on sick or disability leave.
• Health Insurance. Employers are not required to provide health insurance to their employees. However, if an employer chooses to provide health insurance, the health insurance policy must offer the same coverage for pregnancy and pregnancy-related conditions as it would for any other medical condition.
• Fringe Benefits. Fringe benefits must be applied equally to all employees. Additionally, an employer may not limit pregnancy-related benefits to married employees.

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) was enacted in 1993 to further extend the protections of the Pregnancy Discrimination Act. The FMLA applies to all public sector employers, and to private employers who employ at least fifty employees. Under the FLMA, pregnant employees who meet certain conditions are entitled to take up to twelve weeks of unpaid leave during a twelve month period for childbirth, adoption, serious health conditions or to care for a sick child or family member. When an employee returns from a leave of absence, the employee is entitled to the same job or a job with equal pay and benefits.

Reporting Pregnancy Discrimination

All instances of pregnancy discrimination in the workplace should be reported to the EEOC. The EEOC enforces Title VII, as well as all federal equal employment opportunity regulations, practices and policies. A charge of pregnancy discrimination may be filed by any individual who legitimately believes that her employment rights have been violated. Additionally, an individual, agency, or organization may file a charge on behalf of the affected individual. A victim of pregnancy discrimination may also choose to file a private lawsuit against her employer. If successful, the victim may recover lost wages, damages for emotional distress and punitive damages.