Pregnancy Discrimination Act

Great Seal of the United States (obverse)

Pregnancy Discrimination Act (PDA) is a significant piece of legislation in the United States that prohibits sex discrimination on the basis of pregnancy, childbirth, or related medical conditions. Enacted in 1978, the PDA is an amendment to Title VII of the Civil Rights Act of 1964, which aims to protect employees from discrimination based on race, color, religion, sex, or national origin. The PDA mandates that pregnant women be treated the same for all employment-related purposes, including hiring, firing, promotions, and benefits, as other employees who are similar in their ability or inability to work.

Background

Before the enactment of the Pregnancy Discrimination Act, women could be legally fired or denied employment opportunities simply because they were pregnant or might become pregnant. This discrimination was a significant barrier to women's full participation in the workforce. The PDA was introduced to eliminate this form of discrimination and ensure that pregnant women are not forced out of their jobs or denied employment opportunities.

Provisions

The Pregnancy Discrimination Act contains several key provisions:

• Employers cannot refuse to hire a pregnant woman because of her pregnancy, as long as she is able to perform the major functions of her job.
• Employers cannot fire or demote a woman because she is pregnant.
• Pregnant employees must be allowed to work as long as they are able to perform their jobs.
• 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, including providing modified tasks, alternative assignments, disability leave, or leave without pay.
• Pregnant employees must be permitted to return to their same or a similar job after taking leave.
• Employers must provide the same health benefits for pregnancy as they do for other medical conditions.

Impact

The Pregnancy Discrimination Act has had a profound impact on the workplace, significantly improving the employment prospects and rights of pregnant women. It has helped to reduce the stigma associated with pregnancy in the workplace and has made it easier for women to balance their careers and family life. However, despite the protections offered by the PDA, pregnancy discrimination still occurs, and enforcing the Act remains a challenge.

Enforcement

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the Pregnancy Discrimination Act. Individuals who believe they have been discriminated against because of pregnancy, childbirth, or a related medical condition can file a charge with the EEOC. The commission then investigates the complaint and may take action against the employer if it finds evidence of discrimination.

See Also

• Family and Medical Leave Act
• Equal Employment Opportunity Commission
• Civil Rights Act of 1964
• Sex Discrimination