In 1974, the Supreme Court of the United States first ruled on this matter in the case of Geduldig v. Aiello. (1974 – Geduldig v. Aiello) This case involved a pregnant woman who was denied medical benefits under her employer’s disability insurance plan. She cited the 14th Amendment’s Equal Protection Clause and claimed sex discrimination. The U.S. Supreme Court concluded that there was no evidence of sex discrimination because Men and Women were receiving equal protection under the employer’s insurance program, and that since men cannot become pregnant, offering women benefits for pregnancy would then constitute the unequal treatment of men.
In the 1976 decision (1976 – General Electric Company v. Gilbert) the Court ruled that it was legal for employers to exclude pregnancy-related conditions from employee sickness and accident benefits plans. In this case, the Court held that pregnancy discrimination was not a form of sex discrimination under the 1964 Civil Rights Act.
As a result of these 2 cases which spurred public conversation, Congress created the Pregnancy Discrimination Act of 1978.
The Disability Clause
Today, pregnancy is considered a temporary disability in the eyes of the law, meaning that the treatment of pregnant employees falls under the same jurisdiction as disabled employees. Treating a pregnant employee in a way that would violate disability standards is also a violation of the Pregnancy Discrimination Act. It is important to note that under the PDA, employers are not allowed to discriminate against a worker or applicant if:
- The employee/applicant is actually pregnant.
- The employee was, at some time pregnant.
- The employee could become pregnant.
- The employee has a medical condition that is related to pregnancy.
- The employee has had an abortion or is considering having an abortion.
In general, all this means is that employers cannot discharge an employee, reject an applicant for a job, deny an earned promotion, or lastly, force an employee to take leave for any of the above cited reasons.
As with all Civil Rights laws, employees are protected from harassing behaviors perpetrated by co-workers, customers, or managers. However, there are limitations. And even under the Americans With Disabilities Act, pregnancy itself is not a disability and only some pregnancy related conditions meet the ADA definition of “disability.”
But as of June 27, 2023, with the passing of the Pregnant Workers Fairness Act of 2023, some much needed changes have been made. This new law guarantees the affirmative right to receive reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions absent an “undue hardship” on the employer.
Under this new law, pregnant or postpartum employees and applicants seeking reasonable accommodations are no longer required to have a pregnancy related disability or identify other similarly situated employees with accommodations.
As stated above, the rules have changed as a result of the Pregnant Workers Fairness Act and we invite you to follow this all-important new law in the next edition of Express Pro Talks.
Until then, this is Russ Moen for Express Pro Talks.