Pregnancy Discrimination Act
Women are continually entering the workforce in various sectors. Working women face challenges in the workplace including unequal pay, sexual harassment, and promotion issues. One particular challenge women face is the fundamental right to have a family, which includes the Pregnancy Discrimination Act. Managers in every organization should be familiar with this important act and the associated legal issues. In this paper, I will discuss the Pregnancy Discrimination Act by reviewing the history, presenting the employer's and employee's perspective, and I will conclude with suggestions for all managers and employers.
History
In 1976 the United States Supreme Court held that an employer's failure to provide disability benefits to pregnant employees did not violate Title VII's prohibition against sex discrimination. General Electric Co. v. Gilbert, 429 U.S. 125, 97 S. Ct. 401, 50 L. Ed. 2d 343 (1976). The following year, the court held that an employer violated Title VII's prohibition on sex discrimination when an employee's seniority rights were forfeited after she returned to work from maternity leave. Nashville Gas Co. v. Satty, 434 U.S. 136, 98 S. Ct. 347, 54 L. Ed. 2d 356 (1977). The court distinguished between the employer's granting a benefit (disability benefits) and imposing a burden on pregnant employees; only the imposition of a burden would constitute an unlawful employment practice under Title VII. Under this interpretation of Title VII, an employer was free to grant male workers employment benefits that it did not provide to pregnant female employees. As a result to the two Supreme Court decisions, Congress passed the Pregnancy Discrimination Act in 1978, amending Title VII to include pregnancy as a prohibited basis of discrimination. 42 U.S.C. section 2000e-2 The Pregnancy Discrimination Act is similar to the AEDA except it deals with pregnancy. The amendment to Title VII requires that an employer treat a pregnant employee the same way as an
History
In 1976 the United States Supreme Court held that an employer's failure to provide disability benefits to pregnant employees did not violate Title VII's prohibition against sex discrimination. General Electric Co. v. Gilbert, 429 U.S. 125, 97 S. Ct. 401, 50 L. Ed. 2d 343 (1976). The following year, the court held that an employer violated Title VII's prohibition on sex discrimination when an employee's seniority rights were forfeited after she returned to work from maternity leave. Nashville Gas Co. v. Satty, 434 U.S. 136, 98 S. Ct. 347, 54 L. Ed. 2d 356 (1977). The court distinguished between the employer's granting a benefit (disability benefits) and imposing a burden on pregnant employees; only the imposition of a burden would constitute an unlawful employment practice under Title VII. Under this interpretation of Title VII, an employer was free to grant male workers employment benefits that it did not provide to pregnant female employees. As a result to the two Supreme Court decisions, Congress passed the Pregnancy Discrimination Act in 1978, amending Title VII to include pregnancy as a prohibited basis of discrimination. 42 U.S.C. section 2000e-2 The Pregnancy Discrimination Act is similar to the AEDA except it deals with pregnancy. The amendment to Title VII requires that an employer treat a pregnant employee the same way as an
Citations: Cihon, Patrick and Castagnera, James Ottavio. Employment and Labor Law. Fifth Edition. 2005. pg. 87-88