How does the Pregnancy Discrimination Act prohibit actions by an employer?

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Question:

How does the Pregnancy Discrimination Act prohibit actions by an employer?

Answer:

The Pregnancy Discrimination Act of 1978 was an amendment to Title VII of the Civil Rights Act of 1964. It is described as discrimination on the basis of pregnancy, childbirth and any related conditions brought about by being pregnant. Acts of discrimination on the part of an employer includes such things as:

  • refusing to hire someone because they are pregnant
  • denying a similar or the same job position to a pregnant employee who returns to work following pregnancy leave
  • refusing to grant a male employee health insurance that will cover his wife's pregnancy
  • demoting or firing of a pregnant employee

Short Term Disability Pregnancy Leave Laws consider a pregnancy as a temporary disability in such situations where it involves medical conditions such as severe morning sickness or doctor-ordered bed rest, as well as childbirth and the recovery time necessary following childbirth. Because of these laws, the employer must provide pregnant employees the same treatment and benefits that are given to employees who have other temporary disabilities. Short Term Disability Pregnancy laws also protect the employee's income when she is pregnant and there are complications that cause the employee to miss work, as well as creating maternity leave pay for those who give birth and recover from it.

Some of the illegal potential pregnancy discrimination acts that can happen to a pregnant individual:

  • asking an interviewee at a job placement agency if she is planning on becoming pregnant (again)
  • asking an already pregnant interviewee to leave and return after she has her baby
  • firing an employee after discovering she is pregnant when she can still do her job for several more months
  • refusing an employee her request to not lift heavy objects/boxes while pregnant while allowing another employee this same privilege while recovering from surgery
  • forcing the pregnant employee to quit her job
  • disciplining a pregnant employee for taking time off for doctor visits and prenatal care while other workers who are receiving ongoing medical care are not disciplined for the same thing
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