The
Pregnancy Discrimination Act is an amendment to
Title VII
of the Civil Rights Act of 1964.
Discrimination on the basis of pregnancy, childbirth, or
related medical conditions constitutes unlawful sex
discrimination under Title VII, which covers employers with
15 or more employees, including state and local governments.
Title VII also applies to employment agencies and to labor
organizations, as well as to the federal government. 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.
Title VII's pregnancy-related
protections include:
Hiring
- An employer cannot refuse to hire a pregnant woman because of
her pregnancy, because of a pregnancy-related condition, or
because of the prejudices of co-workers, clients, or customers.
Pregnancy and
Maternity Leave - An employer may
not single out pregnancy-related conditions for special
procedures to determine an employee's ability to work. However,
if an employer requires its employees to submit a doctor's
statement concerning their inability to work before granting
leave or paying sick benefits, the employer may require
employees affected by pregnancy-related conditions to submit
such statements.
If an
employee is temporarily unable to perform her job due to
pregnancy, the employer must treat her the same as any other
temporarily disabled employee. For example, if the employer
allows temporarily disabled employees to modify tasks, perform
alternative assignments or take disability leave or leave
without pay, the employer also must allow an employee who is
temporarily disabled due to pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are
able to perform their jobs. If an employee has been absent from
work as a result of a pregnancy-related condition and recovers,
her employer may not require her to remain on leave until the
baby's birth. An employer also may not have a rule that
prohibits an employee from returning to work for a predetermined
length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence
the same length of time jobs are held open for employees on sick
or disability leave.
Health Insurance - Any health
insurance provided by an employer must cover expenses for
pregnancy-related conditions on the same basis as costs for
other medical conditions. Health insurance for expenses arising
from abortion is not required, except where the life of the
mother is endangered.
Pregnancy-related expenses should be reimbursed exactly as those
incurred for other medical conditions, whether payment is on a
fixed basis or a percentage of reasonable-and-customary-charge
basis.
The
amounts payable by the insurance provider can be limited only to
the same extent as amounts payable for other conditions. No
additional, increased, or larger deductible can be imposed.
Employers must provide the same level of health benefits for
spouses of male employees as they do for spouses of female
employees.
Fringe Benefits
- Pregnancy-related benefits cannot be limited to married
employees. In an all-female workforce or job classification,
benefits must be provided for pregnancy-related conditions if
benefits are provided for other medical conditions.
If an
employer provides any benefits to workers on leave, the employer
must provide the same benefits for those on leave for
pregnancy-related conditions.
Employees with pregnancy-related disabilities must be treated
the same as other temporarily disabled employees for accrual and
crediting of seniority, vacation calculation, pay increases, and
temporary disability benefits.
It is
also unlawful to retaliate against an individual for opposing
employment practices that discriminate based on pregnancy or for
filing a discrimination charge, testifying, or participating in
any way in an investigation, proceeding, or litigation under
Title VII.
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