Pregnancy discrimination is prohibited under Title VII of the Civil Rights Act of 1964.
Pregnancy discrimination in the workplace occurs when an employer discriminates on the basis of pregnancy, childbirth or related conditions. Pregnancy discrimination may include denial of time off or reasonable accommodations for pregnant employees, firing or demoting a pregnant employee, forced time off or restrictions on work, and any other negative employment action taken because of an employee’s pregnancy or related medical condition. Pregnancy discrimination can include all of the following actions by an employer:
- refusing to hire a pregnant applicant;
- firing or demoting a pregnant employee;
- denying the same or a similar job to a pregnant employee when she returns from a pregnancy-related leave;
- treating a pregnant employee differently than other temporarily disabled employees; or
- failing to grant a male employee health insurance coverage for his wife’s pregnancy related conditions if a female employee’s husband has comprehensive health insurance coverage through the same company plan.
Under the law, pregnancy is considered a temporary disability, as are related medical conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and any other related medical condition. Your employer must therefore give pregnant employees the same treatment and benefits that it gives to employees with other temporary disabilities.