Legal Definitions - PDA

PDA stands for the Pregnancy Discrimination Act.

The Pregnancy Discrimination Act (PDA) is a United States federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It is an amendment to Title VII of the Civil Rights Act of 1964. This means that employers cannot treat pregnant employees or job applicants differently or less favorably than other employees or applicants who are similar in their ability or inability to work. This protection covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as health insurance and sick leave), and any other term or condition of employment.

Here are some examples of how the Pregnancy Discrimination Act applies:

• Example 1: Hiring Decisions

  A qualified candidate, Sarah, applies for a marketing manager position. During her final interview, she mentions that she is in her second trimester of pregnancy. Shortly after, the company informs her that they have decided to hire another candidate, even though Sarah had more relevant experience and stronger qualifications. If the company's decision was influenced by Sarah's pregnancy, rather than her qualifications or ability to perform the job, it would be a violation of the PDA.

  This illustrates the PDA because the employer would be making a hiring decision based on pregnancy, treating a pregnant applicant less favorably than a non-pregnant applicant.

• Example 2: Job Accommodations

  Maria works as a retail associate and, due to medical advice related to her pregnancy, requests a temporary modification to her duties, specifically avoiding heavy lifting for a few weeks. Her employer denies this request, stating that all associates must perform all duties without exception. However, the same employer has previously provided temporary light-duty assignments for employees recovering from non-pregnancy-related injuries, such as a broken arm or a back strain.

  This demonstrates the PDA because the employer is denying a pregnancy-related accommodation while providing similar accommodations for other temporary medical conditions, thereby discriminating against Maria based on her pregnancy.

• Example 3: Performance Reviews and Promotions

  David, a project manager, has consistently received "exceeds expectations" on his performance reviews for five years. After his wife announces her pregnancy and he informs his supervisor that he plans to take parental leave after the birth, his next performance review suddenly drops to "meets expectations," and he is passed over for a promotion he was previously considered a front-runner for. If the change in his performance review and the denial of promotion were motivated by his impending parental leave related to his wife's pregnancy, it could be a violation of the PDA.

  This example illustrates the PDA because it prohibits discrimination based on pregnancy-related conditions, which includes taking leave related to childbirth. Treating an employee less favorably due to their association with a pregnant individual (their spouse) or their intent to take parental leave related to pregnancy can be a form of pregnancy discrimination.