Pregnancy Discrimination

The Pregnancy Discrimination Act was added as an amendment to Title VII of the Civil Rights Act of 1964. Under Title VII, which is applicable to employers with 15 or more employees, discrimination on the foundation of pregnancy, childbirth, or related medical conditions qualifies as unlawful sex discrimination. Title VII is also applicable to labor organizations, the federal government, and employment agencies. Pregnant women must be given the same treatment as other employees or applicants with similar abilities or limitations.

Title VII provides protection over hiring, firing, pregnancy and maternity leave, health insurance, and fringe benefits. By law an employer cannot refuse to hire a pregnant woman for reasons of the pregnancy, a pregnancy related condition, or prejudices of co-workers, customers or clients.

If the employee is unable to perform her job due to the pregnancy, she must be treated as a temporarily disabled employee. Therefore, depending upon the employer's typical protocol, the pregnant woman should be able to modify tasks, perform alternative assignments, take disability leave, etc. Employers are allowed to have rules which prohibit the woman from returning to work sooner than a predetermined time after the childbirth.

Any health expenses resulting from the pregnancy must be covered by the employer's plan. A pregnancy should be treated as any other medical condition and no additional deductible can be imposed. Health benefits must be the same for spouses of employees as a company's own employees.

If you would like more information on the legal rights of pregnant women, please contact the Texas discrimination lawyers at the office of Slater Kennon & Jameson by dialing 512-472-2431.