Legal Definitions - Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) is a United States federal law passed in 1978. It amended Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin.

The PDA specifically clarifies that discrimination "because of sex" or "on the basis of sex" includes discrimination based on pregnancy, childbirth, or related medical conditions. This means employers cannot treat women unfavorably due to pregnancy, a recent childbirth, or any medical issues connected to pregnancy. The law requires employers to treat pregnant employees the same as other employees with similar abilities or limitations, particularly regarding benefits, leave, and job security.

However, the Act does include a specific exception: employers are generally not required to pay for health insurance benefits for abortion, unless the mother's life would be endangered without it.

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

• Example 1: Hiring Decisions

  A highly qualified candidate, Sarah, applies for a marketing manager position. During her final interview, she mentions that she is pregnant and due in three months. Shortly after, the company informs her they've decided to hire another candidate with less experience, stating they need someone who can "hit the ground running without interruption."

  How this illustrates the PDA: If Sarah can demonstrate that her pregnancy was the reason she was not hired, despite being the most qualified candidate, this would be a violation of the PDA. The Act prohibits employers from making hiring decisions based on a woman's pregnancy or potential need for maternity leave.

• Example 2: Workplace Accommodations

  Maria, a retail associate, is in her third trimester of pregnancy and experiences swelling in her feet, making it difficult to stand for her entire eight-hour shift. She requests a temporary accommodation to use a stool for short periods when not actively assisting customers, or to have slightly more frequent short breaks. Her manager denies the request, stating, "We can't make special exceptions for pregnant employees," even though the company regularly provides stools or modified duties for employees recovering from non-pregnancy-related injuries.

  How this illustrates the PDA: The PDA requires employers to treat pregnant employees with temporary limitations the same as other employees with similar temporary limitations. If the employer accommodates other employees with temporary medical conditions but refuses to accommodate Maria's pregnancy-related condition, it could be considered pregnancy discrimination.

• Example 3: Job Security and Promotions

  After returning from her twelve-week maternity leave, Emily, a project lead, finds that her key projects have been reassigned to a male colleague, and she is given less significant tasks. When she inquires about a promotion she was previously considered for before her leave, her supervisor tells her, "We felt it was best to give the promotion to someone who could dedicate 100% of their time without family distractions."

  How this illustrates the PDA: The PDA protects employees from being demoted, denied promotions, or otherwise disadvantaged in their employment because they took maternity leave or because of their status as a new mother. Emily's employer's actions and statement suggest that her pregnancy and subsequent leave were factors in her reduced responsibilities and denial of promotion, which would be a violation of the Act.