An employer may not terminate an employee or take other adverse job action on account of sex or pregnancy. Work rules must be applied uniformly to all employees, regardless of the sex of the employee. Work policies that have a disproportionately adverse impact on one sex are strictly prohibited. Employers may not discriminate because you are pregnant. Learn whether your employer has violated Title VII or other laws and protect your rights.   Many times an employer gets mad when a person gets pregnant because they perceive this as an inconvenience on the business.  Well the short answer to that is too bad.  By law they can not make work difficult for a pregnant woman.

The Pregnancy Discrimination Act of 1978 states:

To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection:
"(k) nothing in section 703(h) of this title shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion."

Sec. 2. (a) Except as provided in subsection (b), the amendment made by this Act shall be effective on the date of enactment.

(b) The provisions of the amendment made by the first section of this Act shall not apply to any fringe benefit program or fund, or insurance program which is in effect on the date of enactment of this Act until 180 days after enactment of this Act.

Sec. 3. Until the expiration of a period of one year from the date of enactment of this Act or, if there is an applicable collective- bargaining agreement in effect on the date of enactment of this Act, until the termination of that agreement, no person who, on the date of enactment of this Act is providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation with this Act shall, in order to come into compliance with this Act, reduce the benefits or the compensation provided any employee on the date of enactment of this Act, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program: Provided, That where the costs of such benefits on the date of enactment of this Act are apportioned between employers and employees, the payments or contributions required to comply with this Act may be made by employers and employees in the same proportion: And provided further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with this Act.

An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, 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.

Regarding a company and how they pay benefits like health insurance the rules are that amounts payable by the insurance provider can be limited only to the same extent as those which are payable for other conditions. Therefore if a person takes leave to take care of a sick family member the benefit paid will be the same as the woman who takes leave to have a baby.  No additional, increase, including a increase in the deductible is allowed.  If both are required to take Cobra that is acceptable but pregnant women can't be singled out.

The Family and Medical Leave Act ("FMLA") adds additional protections to the Pregnancy Discrimination Act. Under the FMLA, pregnant employees who meet certain conditions are entitled to take up to twelve weeks of unpaid leave during a twelve month period for childbirth, adoption, serious health conditions or to care for a sick child or family member. This is not optional and the employer must follow the law.  Also when you return to work you must get the same job or a job with equal pay and benefits.

A United States Supreme Court case dealing with one aspect of pregnancy discrimination is NEWPORT NEWS SHIPBUILDING CO. V. EEOC, 462 U. S. 669 (1983).  In that case the Court held that the pregnancy limitation in petitioner's amended health plan discriminates against male employees in violation of § 703(a)(1). In short, the employer had a limitation in its' health care plan that did not allow the same benefits to the spouses of male employees as it allowed for female employees.

According to the Equal Employment Opportunity Commission ("EEOC"), pregnancy discrimination is a growing problem.  There has been an increase of 40% in the number of pregnancy discrimination complaints since 1992. Please protect your rights.

During this very tough economy employers are getting stricter and making life harder for all employees but especially those that are pregnant.  It is very important that you contact my office early in the process so I can help.  Remember the company has lawyers protecting their rights, so should you.

E-mail your question about PREGNANCY DISCRIMINATION. or visit my blog for more information.

You may call 24/7:
Peter LaSorsa, Attorney at Law
Proudly Practicing Discrimination Law in Illinois
Phone: 309-712-1145 or 312-505-5038

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