Pregnancy Discrimination Act FAQ

By Ryan E. Bonina

What is the Pregnancy Discrimination Act?

Under Title VII of the Civil Rights Act of 1964, discrimination on the basis of race, color, religion, sex, or national origin is prohibited in an employment context. Congress has amended Title VII to include discrimination on the basis of pregnancy within the category of unlawful gender discrimination.

This means that an employer may not terminate a qualified employee simply because she is pregnant. Nor can an employer refuse to hire a job applicant based solely on the fact that she is pregnant.

What does the Pregnancy Discrimination Act mean for employers?

The Pregnancy Discrimination Act does not require an employer to treat pregnant employees who are unable to work for medical reasons in any special way. Rather, pregnant employees must be treated the same way as other employees on the basis of their ability or inability to work. That is, they must be accorded the same leave benefits as other employees who are disabled from working.

Similarly, if an employer has made a work accommodation for a similarly situated non-pregnant employee, it must accommodate the pregnant employee as well. The House of Representatives Report to the Pregnancy Discrimination Act specifically states that the Act “in no way requires the institution of any new programs where none currently exist. The Bill would simply require that pregnant women be treated the same as other employees on the basis of their ability or inability to work.”

How does the Pregnancy Discrimination Act impact employer-offered insurance plans?

The Pregnancy Discrimination Act can implicate obligations not only to its employees, but to its employees’ spouses. For instance, an employer may not provide the wives of male employees a specified level of hospitalization medical coverage for all conditions except pregnancy-related conditions. The United States Supreme Court has held that a medical plan such as this unlawfully gives married male employees a benefit package for their spouses that is less inclusive than the dependency coverage provided to married female employees.

As an employer, can I treat pregnant women at all differently than other employees?

The Pregnancy Discrimination Act does not prohibit employment practices that favor pregnant women. Employers should consider their obligations under the Pregnancy Discrimination Act as a floor, not a ceiling. Employers with questions about their duties to pregnant employees under the Pregnancy Discrimination Act should contact legal counsel.