Your Rights During Pregnancy and Childbirth

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act prohibits employers with 15 or more employees, including state and local governments, from discriminating against you because of pregnancy, childbirth or related medical conditions.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. The U.S. Equal Employment Opportunity Commission is the federal agency responsible for issuing regulations to implement the Act. Those regulations can be found at 29 C.F.R. Part 1604.

Title VII Pregnancy-Related Protections

An employer cannot refuse to hire a woman because of her pregnancy or related condition as long as she can perform the major functions of her job. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Pregnant workers cannot be forced to take leave while they are pregnant as long as they are able to perform their jobs.

If a worker is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

If an employee is absent from work due to a pregnancy-related condition and she recovers, the employer cannot force her to remain on leave until the baby's birth. Also, an employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnant employee the same length of time jobs are held open for employees on sick or disability leave.

Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Pregnancy-related benefits cannot be limited to married employees.

Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of: seniority, vacation calculation, pay increases and temporary disability benefits.

Title VII and the Family and Medical Leave Act

You may have additional rights under the Family and Medical Leave Act (FMLA). This law gives you the right to take up to 12 workweeks of unpaid leave from your job to care for a newborn baby, adopted child, or foster child. When you return to work, you have a right to the same or equivalent job.

There are some differences between Title VII and FMLA eligibility requirements. Regarding covered employers, under both laws, state and local government employers are covered regardless of the number of employees.

However, employee eligibility is different. FMLA requires that you meet three requirements: you worked for the employer for 12 months (although not consecutive), you worked for 1,250 hours prior to taking the leave, and you worked for an employer with at least 50 employees.

Under Title VII, an employee is protected by anti-discrimination laws regardless of how long the person has been on the job. Thus, an employer policy that denies pregnancy leave during the first year of employment, but provides leave for other medical conditions, would discriminate against pregnant women in violation of Title VII.

Additionally, a neutral policy that prohibits any employee from taking sick leave or short-term disability leave during the first year of employment could have a disparate impact on women and thus violate Title VII.

For more information on FMLA, see the AFSCME Women's Rights Department publication, The Family and Medical Leave Act: AFSCME's Comprehensive Guide for You, Your Family and Your Union.

Enforcement

It is unlawful to retaliate against an individual for: opposing employment practices that discriminate based on pregnancy; for filing a discrimination charge; or for testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII. Complaints must be filed within 180 days of the alleged violation.

If you feel that you have been discriminated against, contact your local Equal Employment Opportunity Commission or local fair employment office. EEOC's contact information is listed below. Your local fair employment office may be listed in the state or local government section of your phone book under "Human Rights" or "Civil Rights."

Resources

U.S. Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507
(202) 663-4900
TTY: (202) 663-4494
Contact by e-mail

National Partnership for Women & Families
1875 Connecticut Avenue, N.W., Suite 710
Washington, D.C. 20009
(202) 986-2600
Fax: (202) 986-2539
Contact by email

AFSCME Education & Leadership Training Department

1625 L Street, NW
(202) 429-1250
Fax (202) 429-5088
Contact us

Last updated 6/2006