Pregnancy Discrimination Act of 1978 (PDA): What businesses need to know

Introduction

The Pregnancy Discrimination Act of 1978 (PDA) was passed by the U.S. Congress as an amendment to the sex discrimination section of the Civil Rights Act of 1964. The PDA prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions.

The purpose of the PDA is to ensure that pregnant women are treated the same as other employees in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment.

Here are some examples of pregnancy discrimination:

• Refusing to hire a woman because she is pregnant

• Demoting a woman because she is pregnant

• Firing a woman because she takes maternity leave

• Not providing a pregnant woman with the same benefits as other employees, such as health insurance coverage for pregnancy-related care

• Requiring a pregnant woman to take a leave of absence when it is not medically necessary

The PDA also requires employers to provide reasonable accommodations to pregnant employees, unless doing so would cause an undue hardship to the employer. Reasonable accommodations can include things like allowing a pregnant woman to work from home, changing her job duties, or providing her with additional breaks.

If you believe that you have been discriminated against on the basis of pregnancy, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing the PDA and other federal anti-discrimination laws.

Here are some resources that can help you learn more about the PDA:

• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/guidance/fact-sheet-pregnancy-discrimination

• National Partnership for Women & Families: https://www.eeoc.gov/laws/guidance/fact-sheet-pregnancy-discrimination

• Legal Momentum: https://www.legalmomentum.org/about-us

Key Provisions

The key provisions of the Pregnancy Discrimination Act of 1978 (PDA) are as follows:

• Employers cannot discriminate against women on the basis of pregnancy, childbirth, or related medical conditions. This means that employers cannot refuse to hire, fire, or promote a woman because she is pregnant, and they must provide her with the same benefits as other employees, such as health insurance coverage for pregnancy-related care.

• Employers must provide reasonable accommodations to pregnant employees, unless doing so would cause an undue hardship to the employer. This means that employers must make changes to the workplace or the employee's job duties if necessary to accommodate a pregnant employee's medical needs. For example, an employer might need to allow a pregnant employee to work from home or to take breaks more frequently.

• Employers cannot retaliate against an employee who has complained about pregnancy discrimination. This means that employers cannot fire, demote, or otherwise punish an employee who has filed a complaint with the EEOC or other government agency about pregnancy discrimination.

Here are some examples of pregnancy discrimination that are prohibited by the PDA:

• Refusing to hire a woman because she is pregnant

• Firing a woman because she is pregnant

• Demoting a woman because she is pregnant

• Not providing a pregnant woman with the same benefits as other employees, such as health insurance coverage for pregnancy-related care

• Requiring a pregnant woman to take a leave of absence when she is not medically necessary

• Requiring a pregnant woman to work in a job that is hazardous to her health

• Harassment of a pregnant woman because of her pregnancy

• Retaliation against an employee who has complained about pregnancy discrimination

If you believe that you have been discriminated against on the basis of pregnancy, you should contact the EEOC or your state's civil rights agency. You can also file a complaint with the EEOC online at https://www.eeoc.gov/filing-charge.

Examples in Court

• Recent Case: In 2021, a federal court in California ruled that a woman who was fired from her job as a flight attendant after she became pregnant was the victim of pregnancy discrimination. The court found that the airline had violated the PDA by firing the woman because of her pregnancy, even though she was still able to perform her job duties.

• Most high-profile: In 1991, the Supreme Court ruled in the case of California Federal Savings & Loan Association v. Guerra that the PDA requires employers to provide reasonable accommodations to pregnant employees, unless doing so would cause an undue hardship to the employer. In this case, the Supreme Court found that the California law that required employers to provide unpaid leave to pregnant employees did not violate the PDA.

The PDA has been a successful law in protecting the rights of pregnant women in the workplace. However, there are still many cases of pregnancy discrimination that go unreported. If you believe that you have been discriminated against on the basis of pregnancy, you should contact the EEOC or your state's civil rights agency.

Business Impact of the Law

The PDA has had a positive impact on businesses in several ways. First, it has helped to create a more level playing field for women in the workplace. Second, it has helped to reduce the number of lawsuits filed against businesses for pregnancy discrimination. Third, it has helped to improve the morale and productivity of pregnant employees.

Of course, the PDA also has some costs for businesses. For example, businesses may need to make changes to their workplaces or provide additional benefits to pregnant employees. However, the costs of complying with the PDA are generally outweighed by the benefits of having a more diverse and productive workforce.

Here are some tips for businesses to comply with the PDA:

• Train managers and employees about the PDA.

• Have a policy in place that prohibits pregnancy discrimination.

• Be prepared to accommodate pregnant employees' needs.

• Document all decisions made about pregnant employees.

If you are a business owner or manager, it is important to be aware of the PDA and its requirements. By following these tips, you can help to ensure that your business is in compliance with the law and that you are providing a fair and equitable workplace for all employees.

Additional Resources with Information About the PDA

• U.S. Equal Employment Opportunity Commission (EEOC): The EEOC is the federal agency responsible for enforcing the PDA. You can find more information about the PDA on the EEOC's website: https://www.eeoc.gov/laws/guidance/enforcement-guidance-pregnancy-discrimination-and-related-issues

• National Partnership for Women & Families: The National Partnership for Women & Families is a non-profit organisation that advocates for women's rights. The organisation has a fact sheet about the PDA that you can find here: https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978

• Legal Momentum: Legal Momentum is a non-profit organisation that provides legal services to women. The organisation has a fact sheet about the PDA that you can find here: https://www.legalmomentum.org/about-us

How Businesses Can Comply with the PDA

Let’s explore some examples of how businesses can comply with the Pregnancy Discrimination Act of 1978 (PDA):

Example 1: A small business in California

• Train managers and employees about the PDA. The business owner or manager should train all employees about the PDA, including their rights and responsibilities under the law.

• Have a policy in place that prohibits pregnancy discrimination. The business should have a written policy that prohibits pregnancy discrimination. The policy should be clear and easy to understand, and it should be distributed to all employees.

• Be prepared to accommodate pregnant employees' needs. The business should be prepared to accommodate the needs of pregnant employees, such as providing light duty or modified work assignments.

• Document all decisions made about pregnant employees. The business should document all decisions made about pregnant employees, such as hiring, firing, promotion, and leave. This documentation will help to protect the business in the event of a discrimination lawsuit.

Example 2: A large corporation in New York

• Train managers and employees about the PDA. The corporation should provide training to all managers and employees about the PDA. The training should be conducted by a qualified trainer and should cover the basics of the law, including the definition of pregnancy discrimination, the types of discrimination that are prohibited, and the remedies available to employees who are discriminated against.

• Have a policy in place that prohibits pregnancy discrimination. The corporation should have a written policy that prohibits pregnancy discrimination. The policy should be clear and easy to understand, and it should be distributed to all employees. The policy should also include a process for employees to file complaints of pregnancy discrimination.

• Be prepared to accommodate pregnant employees' needs. The corporation should be prepared to accommodate the needs of pregnant employees, such as providing light duty or modified work assignments. The corporation should also have a process in place for employees to request accommodations.

• Document all decisions made about pregnant employees. The corporation should document all decisions made about pregnant employees, such as hiring, firing, promotion, and leave. This documentation will help to protect the corporation in the event of a discrimination lawsuit.

Example 3: A retail store in Texas

• Train managers and employees about the PDA. The store manager should train all employees about the PDA, including their rights and responsibilities under the law. The training should be conducted by a qualified trainer and should cover the basics of the law, including the definition of pregnancy discrimination, the types of discrimination that are prohibited, and the remedies available to employees who are discriminated against.

• Have a policy in place that prohibits pregnancy discrimination. The store should have a written policy that prohibits pregnancy discrimination. The policy should be clear and easy to understand, and it should be distributed to all employees. The policy should also include a process for employees to file complaints of pregnancy discrimination.

• Be prepared to accommodate pregnant employees' needs. The store should be prepared to accommodate the needs of pregnant employees, such as providing light duty or modified work assignments. The store should also have a process in place for employees to request accommodations.

• Document all decisions made about pregnant employees. The store should document all decisions made about pregnant employees, such as hiring, firing, promotion, and leave. This documentation will help to protect the store in the event of a discrimination lawsuit.

In addition to the federal PDA, some states have laws that provide additional protections for pregnant employees. For example, California has a law that requires employers to provide up to four months of unpaid leave to pregnant employees. New York has a law that prohibits employers from discriminating against pregnant employees based on their ability to perform their jobs. Texas does not have any specific laws that protect pregnant employees, but the PDA still applies to employers in Texas.

By following these tips, businesses can help to ensure that they are complying with the PDA and providing a fair and equitable workplace for all employees.

What Are Your Thoughts?

Do you think businesses are doing enough to comply with the PDA?

The PDA is a federal law that prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. However, there are still many cases of pregnancy discrimination that go unreported.

What can businesses do to better comply with the PDA?

Businesses can take several steps to better comply with the PDA, including:

• Training managers and employees about the PDA.

• Having a policy in place that prohibits pregnancy discrimination.

• Being prepared to accommodate pregnant employees' needs.

• Documenting all decisions made about pregnant employees.

Share your thoughts on the PDA by posting to Instagram or X with the hashtag #theindustryleader, or by sharing a post to LinkedIn and tagging us @TheIndustryLeader.

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A guide to protecting pregnant employees from discrimination.

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