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The Pregnancy Discrimination Act of 1978 requires employers to treat pregnant women on an equal basis with other employees according to their ability or inability to work. Regardless of increased costs, hospitals must make the necessary changes in their employment policies and fringe benefit programs to bring them into compliance with the new law.
More than 50% of mothers in the United States work. An important issue facing working women is maternity leave and the Pregnancy Discrimination Act (PDA). The nurse should recognize the childbearing-related problems the working woman may encounter and initiate appropriate referrals. Understanding both maternity leaves and the Pregnancy Discrimination Act will enhance the nurse's ability to provide appropriate counseling and referral.
A follow-up to the authors' October 1979 analysis of the Pregnancy Discrimination Act, this study details the pros and cons of the various strategies that personnel managers will have to consider in order to successfully cope with PDA.
"Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.
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Explore the source record for details and available documents.
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The Equal Employment Opportunity Commission (EEOC), which recently took the position that employer health plans are required, in many instances, to cover prescription contraceptives, has issued guidelines to assist employers in complying with the law prohibiting discrimination on the basis of sex and pregnancy. Employers should review these guidelines carefully in relation to their health care plans.
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The plaintiff employer and other similar employers challenged the constitutionality of a California law that required employers to provide female employees with up to four months unpaid pregnancy leave with reinstatement in the same or a substantially similar job. They claimed that the law was preempted by Title VII of the Civil Rights Act of 1964 because the 1964 Act, as amended by the Pregnancy Discrimination Act of 1978, required absolute neutrality in the treatment of pregnant employees with respect to other employees. Their position was that the California law discriminated in favor of pregnant employees. The Court rejected their claim. It held that the Pregnancy Discrimination Act was "a floor beneath which pregnancy disability benefits may not drop--not a ceiling above which they may not rise," and that the California law shared a common goal with the federal law of providing women with full rights in the workforce without denying them the right to full participation in family life. It ruled that there was nothing in the law that prevented employers from complying with the law and Title VII.
This article will address the legal obligations of employers in non-union settings toward employees who request pregnancy leave, parental or medical leave, workers' compensation leave, and other forms of disability leave. Specifically, this article will address the legal standards set forth under the Pregnancy Discrimination Act, various state pregnancy and family leave acts, workers' compensation retaliatory discharge authority, and the Americans With Disabilities Act of 1990. In addition, this article will provide practical guidance for employers in formulating effective leave policies that provide the maximum amount of operational flexibility while at the same time minimizing the risk of costly and excessive litigation.
Under the Pregnancy Discrimination Act (PDA), employers are prohibited from discriminating against women by treating pregnancy and childbirth different from other medical conditions. Employers who offer medical benefits to their employees have thus been required to cover pregnancy-related medical costs on the same terms as other medical coverage. The cost of prescription contraception, however, has generally not been covered by employer-sponsored medical plans, even while other prescription drugs were. This Note examines the recent case of Erickson v. Bartell Drug Co., which challenged this practice of excluding prescription contraception coverage as discriminatory under the PDA, and argues that further federal legislation is necessary to ensure the equal treatment of women in the workplace.
An increasing proportion of obstetric patients are working women. This widens the world of concern for the obstetrician, who must now become familiar with the consequences of workplace exposures and conditions for both maternal and fetal health. This review briefly explores interactions between chemical and physical hazards on the job and the physiologic changes of pregnancy in order to propose ways in which the obstetrician can intervene on behalf of the individual patient, as well as on the public level. Through discussion of the Pregnancy Discrimination Act, job transfer and modification, disability, breastfeeding, etc., emphasis is placed on the social and policy factors that affect reproductive outcome for the working pregnant woman.
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