Pregnancy Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

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 relatedmedical conditions constitutes unlawful sex discrimination underTitle VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to thefederal government. Women who are pregnant or affected by related conditions mustbe treated in the same manner as other applicants or employees withsimilar abilities or limitations.

Title VII's pregnancy-related protections include:

• Hiring
  

  An employer cannot refuse to hire a pregnant woman because ofher pregnancy, because of a pregnancy-related condition or because ofthe prejudices of co-workers, clients, or customers.



• Pregnancy and Maternity Leave

  An employer may not single out pregnancy-related conditions forspecial procedures to determine an employee's ability to work.However, if an employer requires its employees to submit a doctor's statement concerning theirinability to work before granting leave or paying sick benefits,the employer may require employees affected by pregnancy-relatedconditions to submit such statements.

  
  

  If an employee is temporarily unable to perform her job due topregnancy, the employer must treat her the same as any othertemporarily disabled employee. For example, if the employerallows temporarily disabled employees to modify tasks, performalternative assignments or take disability leave or leavewithout pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

  
  

  Pregnant employees must be permitted to work as long as they areable to perform their jobs. If an employee has been absent fromwork as a result of a pregnancy-related condition and recovers, heremployer may not require her to remain on leave until the baby'sbirth. An employer also may not have a rule that prohibits an employeefrom returning to work for a predetermined length of time afterchildbirth.

  
  

  Employers must hold open a job for a pregnancy-related absencethe same length of time jobs are held open for employees on sick ordisability leave.



• Health Insurance

  Any health insurance provided by an employer must cover expensesfor pregnancy-related conditions on the same basis as costs forother medical conditions. Health insurance for expenses arisingfrom abortion is not required, except where the life of the motheris endangered.

  
  

  Pregnancy-related expenses should be reimbursed exactly as thoseincurred for other medical conditions, whether payment is on afixed basis or a percentage of reasonable-and-customary-charge basis.

  
  

  The amounts payable by the insurance provider can be limitedonly to the same extent as amounts payable for other conditions. Noadditional, increased, or larger deductible can be imposed.

  
  

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



• Fringe Benefits

  Pregnancy-related benefits cannot be limited to marriedemployees. In an all-female workforce or job classification,benefits must be provided for pregnancy-related conditions ifbenefits are provided for other medical conditions.

  
  

  If an employer provides any benefits to workers on leave, theemployer must provide the same benefits for those on leave forpregnancy-related conditions.

  
  

  Employees with pregnancy-related disabilities must be treatedthe same as other temporarily disabled employees for accrual andcrediting of seniority, vacation calculation, pay increases, andtemporary disability benefits.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 4,649 charges of pregnancy-based discrimination.EEOC resolved 4,847 pregnancy discrimination charges in FY 2003 and recovered $12.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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