The U.S. Equal Employment Opportunity Commission
Facts About Pregnancy Discrimination
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964.
Discrimination on the basis of pregnancy, childbirth or related
medical conditions constitutes unlawful sex discrimination under
Title VII. Women affected by pregnancy or related conditions must
be treated in the same manner as other applicants or employees with
similar abilities or limitations.
Hiring
An employer cannot refuse to hire a woman because of her
pregnancy related condition as long as she is able to perform the
major functions of her job. An employer cannot refuse to hire her
because of its prejudices against pregnant workers or the
prejudices of co-workers, clients or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy related conditions for
special procedures to determine an employee's ability to work.
However, an employer may use any procedure used to screen other
employees' ability to work. For example, if an employer requires
its employees to submit a doctor's statement concerning their
inability to work before granting leave or paying sick benefits,
the employer may require employees affected by pregnancy related
conditions to submit such statements.
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; for example, by providing modified
tasks, alternative assignments, disability leave or leave without
pay.
Pregnant employees must be permitted to work as long as they are
able to perform their jobs. If an employee has been absent from
work as a result of a pregnancy related condition and recovers, her
employer may not require her to remain on leave until the baby's
birth. An employer may not have a rule which prohibits an employee
from returning to work for a predetermined length of time after
childbirth.
Employers must hold open a job for a pregnancy related absence
the same length of time jobs are held open for employees on sick or
disability leave.
Health Insurance
Any health insurance provided by an employer must cover expenses
for pregnancy related conditions on the same basis as costs for
other medical conditions. Health insurance for expenses arising
from abortion is not required, except where the life of the mother
is endangered.
Pregnancy related expenses should be reimbursed exactly as those
incurred for other medical conditions, whether payment is on a
fixed basis or a percentage of reasonable and customary charge
basis.
The amounts payable by the insurance provider can be limited
only to the same extent as costs for other conditions. No
additional, increased or larger deductible can be imposed.
If a health insurance plan excludes benefit payments for
pre-existing conditions when the insured's coverage becomes
effective, benefits can be denied for medical costs arising from an
existing pregnancy.
Employers must provide the same level of health benefits for
spouses of male employees as they do for spouses of female
employees.
Fringe Benefits
Pregnancy related benefits cannot 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.
If an employer provides any benefits to workers on leave, the
employer must provide the same benefits for those on leave for
pregnancy related conditions.
Employees with pregnancy related disabilities must be treated
the same as other temporarily disabled employees for accrual and
crediting of seniority, vacation calculation, pay increases and
temporary disability benefits.
See also: How To File A Charge of Employment Discrimination
This page was last modified on June 28, 2002.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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