The majority of charges include allegations of discharge based on pregnancy. The issues most commonly alleged in pregnancy discrimination charges have remained relatively consistent over the past decade. Specifically, pregnancy discrimination claims filed by women of color increased by 76% from FY 1996 to FY 2005, while pregnancy discrimination claims overall increased 25% during the same time period. Moreover, the study found that much of the increase in these complaints has been fueled by an increase in charges filed by women of color. This suggests that pregnant workers continue to face inequality in the workplace. In 2008, a study by the National Partnership for Women & Families found that pregnancy discrimination complaints have risen at a faster rate than the steady influx of women into the workplace. In fiscal year (FY) 1997, more than 3,900 such charges were filed with the Equal Employment Opportunity Commission (EEOC) and state and local Fair Employment Practices Agencies, but in FY 2013, 5,342 charges were filed. In the years since the PDA was enacted, charges alleging pregnancy discrimination have increased substantially. ġ) An employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions andĢ) Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work. employees over other employees.'" īy enacting the PDA, Congress sought to make clear that "regnant women who are able to work must be permitted to work on the same conditions as other employees and when they are not able to work for medical reasons, they must be accorded the same rights, leave privileges and other benefits, as other workers who are disabled from working." The PDA requires that pregnant employees be treated the same as non-pregnant employees who are similar in their ability or inability to work. Thus, the PDA extended to pregnancy Title VII's goals of "' equality of employment opportunities and remov barriers that have operated in the past to favor an identifiable group of. PREGNANCY DISCRIMINATION AND RELATED ISSUES OVERVIEW OF STATUTORY PROTECTIONS Pregnancy Discrimination ActĬongress enacted the Pregnancy Discrimination Act (PDA) in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Reasonable Break Time for Nursing Mothers.
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