Against Pregnancy Discrimination: Keep the Baby and the Job

Under Title VII of the Civil Rights Act of 1964, discrimination on the basis of pregnancy, childbirth, or related medical conditions, termed in legal parlance as pregnancy discrimination, constitutes unlawful sex discrimination and is proscribed. Under Title VII, the scope of which covers employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and 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 regulate hiring practices, pregnancy and maternity leave, health insurance and fringe benefits. Specifically, as to hiring, an employer is prohibited from refusing to hire a pregnant woman solely because of her pregnancy, or because of a pregnancy-related condition or because of the prejudices of people directly involved in the preganant applicant’s work. As to pregnancy and maternity leaves, an employer is banned from singling out pregnancy-related conditions for special procedures to determine an employee's ability to work, save for some exceptions.

As to health insurance, it is required that any health insurance provided by an employer must shoulder expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. As to fringe benefits, it is required that pregnancy-related benefits shall not 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.

For questions and legal assistance related to pregnancy discrimination, feel free to contact our expert discrimination lawyers today.


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