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Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Related articles on the PDA HiringYou may not refuse to hire a woman because of her pregnancy, a pregnancy-related condition, or the prejudices of coworkers, clients, or customers. So long as she can perform the job, her pregnancy or related conditions can't be a reason for failing to hire her. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants with similar abilities or limitations. Pregnancy and maternity leaveWorkers can't be forced to take leave while they're pregnant — so long as they can perform their jobs. If a worker is temporarily unable to perform her job because of the pregnancy, you must treat her the same as other temporarily disabled employees by, for example, providing modified tasks, alternating assignments, or offering disability leave or leave without pay. If an employee is absent for a pregnancy-related condition and recovers, you can't force her to remain on leave until the baby's birth. Also, you may not have a rule prohibiting an employee from returning to work for a predetermined length of time after childbirth. Pregnant employees must be permitted to work so long as they can perform their jobs. You must hold jobs open for pregnant employees for the same length of time that you hold them open for employees on sick or disability leave. Health insuranceAny health insurance that you provide to your employees must cover expenses for pregnancy-related conditions on the same basis as you cover costs for other medical conditions. Health insurance for expenses arising from an abortion isn't required except when the mother's life is in danger. Pregnancy-related expenses must be reimbursed in the same manner as those incurred for other medical conditions, whether the payment is on a fixed basis or a percentage of the reasonable and customary charges. You must provide the same level of health benefits for male employees' spouses as you do for female employees' spouses. Fringe benefitsIf you provide any benefits to workers on leave, you must provide the same benefits to those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for the accrual and crediting of seniority, vacation calculations, pay increases, and temporary disability benefits. Relationship to FMLARemember that pregnant employees may have additional rights under the Family Medical Leave Act (FMLA). Keep in mind that under Title VII, employees are protected by the discrimination laws regardless of how long they've been on the job. Under federal and some state family and medical leave laws, however, employees who have worked less than a year may not be eligible for leave. A policy that denies pregnancy leave during the first year of employment but provides leave for other medical conditions would discriminate against pregnant women in violation of Title VII. Also, a neutral policy that prohibits an employee from taking sick leave or short-term disability leave during the first year of employment could have a disparate impact on women and thus violate Title VII. Related articles on the Pregnancy Discrimination Act from the State Employment Law Letters
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