Many women face discrimination in the workplace because of pregnancy, childbirth, or medical conditions related to them. In 1978, Congress passed The Pregnancy Discrimination Act (PDA) as an amendment to Title VII of the Civil Rights Act of 1964. The Pregnancy Discrimination Act prohibits employers from discriminating against women due to childbirth or pregnancy. Below is a summary of rights afforded under the PDA and other federal laws.

What is prohibited under the PDA?

An employer cannot take unfavorable action against a woman based on pregnancy for any aspect of employment, including hiring, firing, pay raises, transfers, promotions, training, or benefits.

What is your employer’s obligation under the PDA?

An employer must treat a woman who is temporarily unable to perform her job because of pregnancy or childbirth in the same way as it treats any other temporarily disabled employee. For example, if an employer allows an employee who was temporarily disabled from an accident to work from home or take disability leave, it must allow a pregnant employee to do so as well.

What other laws protect pregnant employees?

- The Americans with Disabilities Act

A woman that suffers impairment from pregnancy or childbirth, such as gestational diabetes or preeclampsia, may be afforded some protection under the Americans with Disabilities Act (ADA). If you can prove you are disabled under the ADA, your employer may be required to a reasonable accommodation for your condition. A reasonable accommodation is usually considered to be any change in the way things are usually done on the job to help a person with a disability perform duties of a job. Employers, however, are not required to make accommodations that would be an undue hardship or too expensive.

- The Family and Medical Leave Act

Under the FMLA, a new parent (mother or father) is eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. The FMLA applies to adopted or foster children. To be eligible, the following conditions must be met:

· The employee must have worked for the employer for a total of 12 months;

· The employee must have worked at least 1,250 hours over the previous 12 months; and

· The employer must employ at least 50 employees within a 75 mile radius

A pregnant employee may have additional rights under state law. If you believe you are being discriminated against at work due to pregnancy or childbirth contact an attorney in your state to find out what other protections you are afforded by your state.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.