Pregnancy discrimination in the workplace involves treating an employee unfavorably due to pregnancy, childbirth or related conditions. In 1978, Congress passed the Pregnancy Discrimination Act amending Title VII to clarify that discrimination based on pregnancy is a form of sex discrimination. Under the Pregnancy Discrimination Act, it is illegal for employers to discriminate against pregnant employees. This law applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations and the federal government.
Under the Pregnancy Discrimination Act, pregnancy is considered a temporary disability, as are related medical conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and any other related medical condition. Title VII prohibits employers from treating pregnant women differently from other temporarily sick, injured or disabled employees. Employers must therefore give pregnant employees and temporarily physically disabled new mothers the same treatment and benefits that they give to employees with other temporary disabilities.
The following rules demonstrate what employers cannot do concerning employees who are pregnant, or who may become pregnant.
-Employers may not refuse to hire, promote, or fire a pregnant employee solely because of her pregnancy, because of her pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
-Employers may not ask illegal interview questions to pregnant applicants, that wouldn’t be asked to other applicants.
-Employees may not discriminate against employees who have had an abortion, or are considering having an abortion.
-Employers cannot demand medical notes from a pregnant employee’s doctor concerning her work status, if they do not require similar documentation from other employees who have short-term disabilities.
-Employers cannot forbid a pregnant employee from continuing to work if she wants to and is physically capable of doing all of the tasks that are associated with the job.
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