Pregnancy Discrimination: Information for Female Workers

Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2013/12/12 - Updated: 2021/09/27
Topic: Pregnancy Information - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: Pregnancy Discrimination Act (PDA) requires pregnant workers be treated the same as colleagues with similar abilities. Because a pregnant woman may not be discriminated against in employment, her employer may not take adverse actions against her on the basis of her physical condition.

Introduction

Women are protected in their jobs against discrimination based on pregnancy by the federal Pregnancy Discrimination Act or PDA, which requires that pregnant workers be treated the same as colleagues with similar abilities. The basis of the PDA is that pregnancy is a form of sex discrimination, a clarification of earlier federal discrimination law.

Main Item

Adverse Employment Actions

Because a pregnant woman may not be discriminated against in employment, her employer may not take adverse actions against her on the basis of her physical condition. Such adverse actions that would be considered pregnancy discrimination include termination, failure to hire, failure to promote, unequal employment benefits, unequal pay rates, unequal leave rights and so on.

Accommodations

Another legal issue that arises in the workplace for pregnant women is whether and when employers must provide reasonable accommodations for pregnancy-related limitations. An accommodation at work is a change in the workplace, work station, work procedures or work requirements that make work duties possible despite medical limitations.

Traditionally, pregnancy has not been considered a "disability" for purposes of laws prohibiting employment discrimination based on disability, mainly the Americans with Disabilities Act or ADA and similar state laws like the Pennsylvania Human Relations Act that require reasonable work accommodations for persons with disabilities. The murky result is that women may not always be legally entitled to accommodation during healthy pregnancies such as breaks for nausea, sitting instead of standing while working, drinking liquids during work activity, being relieved from heavy lifting duties and so on.

However, disability discrimination may be an issue during pregnancy that requires job accommodations if a medical problem arises during pregnancy that is considered a legal disability like dangerously high blood pressure.

Possible Solution

A new law is being considered in both houses of Congress that would mandate that reasonable accommodations be required at work for medical conditions related to pregnancy, whether normal or with complications.

Supporters of the Pregnant Workers Fairness Act advocate that limitations imposed by pregnancy should be reasonably accommodated at work just as disabilities are under the ADA. They feel that it should not matter that a normal pregnancy is a natural and healthy condition. It still limits women physically and denial of accommodation can increase the risk that a normal pregnancy will become high risk.

Author Credentials: Ian was born and grew up in Australia. Since then, he has traveled and lived in numerous locations and currently resides in Montreal, Canada. Ian is the founder, a writer, and editor in chief for Disabled World. Ian believes in the Social Model of Disability, a belief developed by disabled people in the 1970s. The social model changes the focus away from people's impairments and towards removing barriers that disabled people face daily. To learn more about Ian's background, expertise, and achievements, check out his bio.