Pregnancy Discrimination Law
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. Women
affected by pregnancy or related conditions must be treated in the same manner
as other applicants or employees with similar abilities or limitations.
An employer cannot
refuse to hire a woman because of her pregnancy related condition as long as
she is able to perform the major functions of her job. An employer cannot
refuse to hire her because of its prejudices against pregnant workers or the
prejudices of co-workers, clients or customers.
An employer may
not single out pregnancy related conditions for special procedures to determine
an employee's ability to work. However, an employer may use any procedure used
to screen other employees' ability to work. For example, 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, by
providing modified tasks, alternative assignments, disability leave or leave
without pay.
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 may not have a rule which 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.
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
costs 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.
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.