Glossary

Term · Pregnancy: Mind and Life

Pregnancy Discrimination Act

Also: PDA law, Pregnancy Discrimination Act of 1978

A 1978 federal law that bars employers from treating workers unfairly because of pregnancy or childbirth. It applies to employers with 15 or more employees.

In plain words

The Pregnancy Discrimination Act is a federal law that makes it illegal for employers to treat a worker unfairly because she is pregnant, has given birth, or has a related medical condition. It covers hiring, firing, pay, job assignments, and leave. It applies to employers with 15 or more employees. The law came after courts had allowed employers to exclude pregnancy from disability plans. Under this law, a pregnant worker must be treated the same as other workers who are similar in their ability to work. The law does not guarantee a specific accommodation, but it does protect against being pushed out. Other laws, including the and California's , add protections.

The deeper version

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to define sex discrimination to include discrimination on the basis of pregnancy, childbirth, or related medical conditions, and requires that such workers be treated the same as others similar in their ability or inability to work. Coverage applies to employers with 15 or more employees. The statute was enacted in response to General Electric Co. v. Gilbert (1976), which had held that exclusion of pregnancy from disability coverage was not sex discrimination. Enforcement is through the EEOC. Its interaction with later accommodation requirements under the Pregnant Workers Fairness Act is an active area of litigation and administrative guidance. The main controversy is whether the comparator standard adequately captures the accommodation needs of pregnant workers.

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Sources

  • United States Congress — Pregnancy Discrimination Act of 1978, amending Title VII of the Civil Rights Act of 1964
  • U.S. Equal Employment Opportunity Commission — Enforcement Guidance on Pregnancy Discrimination and Related Issues (2015)

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