Pregnancy Discrimination Issues- Part II
December 16, 2014Last week, we discussed a few of the cases that were in the media this year regarding employee pregnancy/sex discrimination. In light of all the media attention in this area, it is increasingly important to be aware of the various bodies of law that could affect your decision-making when working through these cases. Below are a few of the bodies of laws to reference when a potential conflict arises and a brief description of each.
Family Medical Leave Act
The Family Medical Leave Act (FMLA) provides certain employees with 12 weeks of unpaid leave per year where their job is protected and their group health benefits are maintained. FMLA was designed to help employees when they need to take reasonable leave related to certain approved family and/or medical reasons. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. FMLA applies to pregnancy discrimination in that an eligible employee must be given up to 12 weeks of unpaid leave for the birth and care of a newborn child of an employee. It is also important to note that this also applies to a child received through adoption.
Pregnancy Discrimination Act
In most situations, pregnancy is not covered by the Americans with Disabilities Act (ADA). However, in 1978, the Pregnancy Discrimination Act (PDA) was added to amend Title VII of the Civil Rights Act. The PDA requires employers to treat pregnant employees the same way that they treat males and non-pregnant women when determining whether they have the ability to perform. If a pregnant employee is temporarily unable to perform the functions of their job, they are to be treated the same way as any other employee would be who was temporarily disabled. Any employer with 15 or more employees would be subject to the PDA.
Americans with Disabilities Act
Although the ADA protections do not always apply to pregnancy, there are situations where a pregnant employee may be protected by the ADA as well. Certain types of pregnancy-related impairments such as gestational diabetes or preeclampsia may be considered disabilities under the ADA. Because of this, an employer may be required to provide a reasonable accommodation for these issues unless they can prove it would cause an undue hardship. It’s important to remember that every situation is different, and it is best to not rely on past experiences as one factor can change the outcome.
Nicole Crump, JD, CIC
Director of Employment ADR
EDR Systems
This information is the opinion of the writer and is not meant to be construed as creating an attorney-client relationship or as legal advice to an individual or business. Please consult your attorney if you need legal advice on the issues above.