HR Management & Compliance

Coming to Terms with the Pregnancy Discrimination Act: Recent Supreme Court Challenge

By Susan Schoenfeld, JD

The Pregnancy Discrimination Act (PDA) has been around since 1978 when congress amended Title VII of the Civil Rights Act, adding a new provision to Title VI. The PDA defines discrimination “because of sex” to include discrimination because of, or on the basis of, pregnancy.

As with other claims of discrimination under Title VII, an employer will be found to have discriminated on the basis of pregnancy if an employee’s pregnancy, childbirth, or related medical condition was all or part of the motivation for an employment decision.

Sounds simple, right? Well, turns out that the interpretation of the PDA has evolved over the years since 1978 and the protections due to pregnant employees has changed along with it. Due to recent changes in the EEOC’s interpretation of the PDA’s and courts’ interpretations, employers have to stay aware in order to keep in compliance with the law.

Read more here.

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