What are the areas of concern with respect to pregnancy discrimination?

Under the Pregnancy Discrimination Act of 1978, a female applicant or employee may not be treated differently from a male applicant or employee because of the female's pregnancy or capacity to become pregnant.

Because of the various state and local laws, it is very important that managers and supervisors consult these laws to determine what additional pregnancy discrimination requirements are imposed. Be sure to check State Laws for the laws that apply in your state(s).

The list below can be used by managers and supervisors to highlight compliance issues raised by the Pregnancy Discrimination Act of 1978.

A woman is protected against such practices as being fired or refused a job or promotion merely because she is pregnant or has had an abortion.

In terms of employment decisions, leave policies, and receipt of benefits, an employer should treat pregnancy and related medical conditions the same as other disability conditions are treated.

An employer would have to show a business necessity in order to refuse to hire a pregnant applicant.

As long as they can still work, expectant employees cannot be forced to go on leave.

If other employees who take disability leave are entitled to get their jobs back when they are able to work again, women who have been unable to work because of pregnancy must also be entitled to do so.

Disability leave due to pregnancy does not include leave taken or requested for personal reasons related to maternity, e.g., preparing for the birth of a child or caring for an infant where there is no accompanying disability.

An employer may not condition the availability of maternity leave on an employee's having been employed for a specified period of time that is different from other disabilities (e.g., one year).

Special problems arise when a company deals with materials or processes that may have a harmful effect on female reproductivity or unborn offspring. A policy that expressly excludes women only from the workplace because of reproductive or fetal hazards will violate Title VII. As long as pregnant or potentially pregnant women are as capable of doing their jobs as their male counterparts, they cannot be forced away from jobs on the basis of pregnancy or reproductive capacity.