Pregnancy Discrimination Laws

In 1978 the Pregnancy Discrimination Act was created to protect pregnant women from unfair treatment in the workplace. This law requires employers to be aware of any pregnant worker's health, disability, insurance, sick leave, benefit, job reinstatement, and seniority policies. They must treat maternity leave no different from medical leave. Employees on maternity leave have the same rights to accrue seniority, pay raises, and vacation time as workers on medical leave. When returning to work they must be reinstated under the same conditions the company reinstates those on other types of leaves. Workers who give a sufficient notice for pregnancy leave cannot have her job opportunities restricted because they did so. A woman cannot be forced by the employer to take a mandatory pregnancy leave against her own will if she is able to do her job. After birth, her supervisor cannot prohibit her from returning to work sooner than the company policy states.

Fast Facts

  • An employer cannot refrain from hiring a pregnant woman if her skills and qualifications exceed other applicants.
  • Employers cannot force a pregnant woman to choose between a lower level job or resignation.
  • Employers are required to provide pregnant workers disability benefits for as long as the woman is unable to work due to medical reasons.

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