Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions. As a result, an employer cannot refuse to hire a female job applicant because of her pregnancy, or a related condition, as long as she is able to perform the essential functions of the job she is apply for. Likewise, under the law, pregnant employees must be allowed to work as long as they are able to perform the essential functions of their job, meaning that an employer cannot, generally speaking, force a pregnant employee to stop working simply because the employee has become pregnant.

Some examples of pregnancy discrimination are:

  • Your boss transfers, demotes, harasses, or fires you after he or she finds out you are pregnant;
  • You are denied the same health insurance coverage or other benefits that are available to employees who are not pregnant;
  • The Company where you work notifies you, upon learning of your pregnancy, that it is their “policy” to require all pregnant employees to immediately “take a leave of absence” and stop working, even though you are capable of performing your job;
  • At a job interview, a potential employer asks you if you are pregnant, or plan to have children, and you are not hired for the job based upon you disclosing your pregnancy/child bearing plans.

If you have any questions about your rights or think you may have been subjected to discrimination because of your pregnancy or a related condition, contact us the Shavitz Law Group about your specific situation.