The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 to include discrimination based on pregnancy, childbirth or related medical conditions as unlawful sex discrimination. Pregnant women are further protected by the Americans with Disabilities Act (ADA) as pregnancy can be recognized as a short-term disability when pregnancy-related impairments substantially limit a major life activity. Employers with 15 or more employees, as well labor unions, employment agencies, and the federal government are required to comply with the PDA and ADA.
Under the PDA and ADA, an employer may not treat women who are pregnant, or who have a pregnancy-related medical condition, differently than other employees with similar limitations that are not pregnancy related. As long as pregnant workers can perform the major essential functions of their jobs they may not be fired, or denied a promotion, or denied a job. Pregnant workers may not be forced to take leave while capable of performing their job duties. Additionally, if an employer has given an accommodation to employees with similar limitations that are not caused by pregnancy, pregnant workers should also be able to receive similar accommodations.
Rights afforded to pregnant women under the PDA and ADA make pregnancy discrimination illegal. If your rights as a pregnant working woman have been violated, the Attorneys at Humble Law would welcome the opportunity to speak with you.