The Pregnancy Discrimination Act was added in 1978 as an amendment to section 701 of Title VII of the Civil Rights Act of 1964. This amendment makes employment discrimination on the basis of pregnancy, childbirth or related medical conditions illegal. How does this apply?
Hiring
An employer cannot refuse to hire a pregnant woman because of her pregnancy.
Working
Pregnant employees must be allowed to work as long as they are able to perform their jobs. If temporarily unable to perform work tasks as a result of pregnancy, the employer must treat her the same as any other temporarily disabled employee by modifying tasks, making alternate assignments or taking disability leave with or without pay.
Health Insurance & Benefits
Employers must cover expenses and reimbursements for pregnancy-related conditions on the same basis as costs for other medical conditions.
Health insurance and other benefits must be given equally to married and unmarried women. Accrual of seniority, vacation time, pay increases and temporary disability benefits must continue for pregnant and childbearing women the same as any other employee.
Maternity Leave
While the Pregnancy Discrimination Act of 1978 allows for leave equal to disability leave, years later the Family Medical Leave Act made more distinct allowances for maternity leave. The Family Medical Leave Act of 1993 legislated up to 12weeks leave for eligible employees for the birth or adoption of a child.
Discriminated Against?
If you’ve been denied any of the above rights or feel you’re being discriminated against, you should contact an employee rights lawyer or the Equal Employment Opportunity Commission right away.
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