Pregnancy Discrimination Under Title VII
Protections Against Discrimination Related to Pregnancy
Written by Jason Gordon
Updated at April 6th, 2023
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What are the protections under Title VII against discrimination based upon pregnancy?
Title VII protects women against discrimination based on pregnancy or intent to become pregnant. The Pregnancy Discrimination Act of 1978 amended title VII to provide the following specific protections:
- Pregnancy
- Insurance Plans
- Maternity Leave
Back to: EMPLOYMENT DISCRIMINATION Next Chapter: CONSUMER PROTECTION
What are the pregnancy protections under Title VII?
An employer cannot discriminate against women employees who become pregnant or give birth. This may include intentional discrimination or policies that have the effect of discriminating
Example: Intentional discrimination may include failing to hire, firing, or denying benefits based upon her pregnancy. A discriminatory policy might include mandatory reassignment of pregnant employees to low-stress jobs.
What are the Insurance Plan protections related to Pregnancy under Title VII?
Employers sponsoring or offering health or disability plans must include coverage for pregnancy, childbirth, and related medical conditions in the same manner as other health conditions. Further, plans that cover female employees must also cover employee's spouses.
Note: This is a considerable difference between privately-purchased health plans and employer-based plans.
What are the Maternity and Paternity protections related to Pregnancy under Title VII?
Employers are limited in their ability to force employees to take maternity leave from work. For example, employers cannot force pregnant women to stop working until after birth. Lastly, the employer cannot mandate a specific leave of absence for pregnancy or birth.
Note: The Family Medical Leave Act may provide for rights to unpaid leave during and following birth.
Discussion Question
How do you feel about the protections afforded women in the event of pregnancy? Do you think these protections are effective? Why or why not? Can you think of any arguments against any of the protections? Should an employer's intent in passing a policy affecting maternity leave be considered when determining discrimination? Why or why not?
Practice Question
April is an employee of ABC Corp. She becomes pregnant and is scheduled to give birth in two weeks. Her manager, Eric, approaches her about maternity leave. He strongly encourages her to go ahead and take leave and states, you should take leave because, if you do not, I am going to assign you to a desk and not give you anything to do. Eric is trying to be a helpful boss, but April is offended by his statement. Does April have a cause of action against ABC Corp?
Related Topics
- Employment Discrimination (Intro)
- What is Employment Discrimination?
- Glass Ceiling
- What are the major Employment Discrimination laws?
- Civil Rights Act of 1866 (1981 Actions)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- The Rehabilitation Act
- Job Accommodation Network
- Genetic Information Non-Discrimination Act (GINA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Affordable Care Act (ACA)
- Uniform Service Employment and Reemployment Rights Act (USERRA)
- Sexual Orientation and Identification
- What is Affirmative Action?
- What is employment discrimination protection under state law?
- Overview of Title VII (Civil Rights Act of 1964)
- Civil Rights Act of 1964
- What is employment discrimination under Title VII?
- How are Title VII protections enforced?
- Wrongful Termination Claim
- Disparate Treatment
- Disparate Impact
- What is race discrimination under Title VII?
- What is national origin discrimination under Title VII?
- What is religious discrimination Under Title VII?
- What is sex discrimination under Title VII?
- What is sexual harassment or Hostile work environment under Title VII?
- Quid Pro Quo
- What is pregnancy discrimination under Title VII?
- Equal Pay Act of 1963