The Evolution of Pregnancy Discrimination Protections

by Krystyl Jenkins, ACP, PHR, CFM

Pregnancy discrimination is a form of sex discrimination that involves the unfair treatment of women based on pregnancy or related conditions. This can show up in many forms, but the most common are being denied a job after disclosing pregnancy, being subjected to unfair termination, being overlooked for promotions, receiving unequal pay, or facing harassment. While significant strides have been made to protect the rights of pregnant women in the workplace, discrimination remains prevalent, often leading women to feel they must conceal their pregnancy during job interviews until after they are hired.

In the early 20th century, many states implemented protective labor laws for women, driven by the belief that women were physically weaker than men and were primarily caregivers. Although these laws were designed to protect women, they ultimately limited job opportunities and reinforced stereotypical gender roles by reducing their working hours and excluding them from certain jobs. These so-called protective measures effectively confined women to traditional roles as mothers and housewives, undermining their economic independence.

The Civil Rights Act of 1964 was a pivotal moment in the fight against employment discrimination. Title VII made it illegal to discriminate based on race, color, religion, sex, or national origin. However, pregnancy discrimination was still not clearly prohibited, leading to confusion and inconsistent enforcement.

Several Supreme Court decisions helped define pregnancy discrimination in the context of disabilities before the passage of the Pregnancy Discrimination Act in 1978.

Geduldig v. Aiello (1974): The Court ruled that excluding pregnancy-related disabilities from California’s disability insurance program did not constitute sex discrimination under the Fourteenth Amendment, claiming the program was equally available to both genders.
General Electric Co. v. Gilbert (1976): This decision upheld an employer’s exclusion of pregnancy-related conditions from its disability plan, arguing that pregnancy was a voluntary condition and thus not subject to the same protections as other disabilities.

Congress then passed the Pregnancy Discrimination Act (PDA) in 1978, amending Title VII to explicitly include “pregnancy, childbirth, or related medical conditions” under the category of sex. This change meant that employers with 15 or more employees could not discriminate against pregnant women in any aspect of employment, including hiring, firing, promotions, and pay. Employers became obligated to provide accommodations and health benefits similar to what they offered to temporarily disabled employees. The PDA represented a significant victory for women’s rights, providing a legal framework for challenging pregnancy discrimination in the workplace.

Next came the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination against individuals with disabilities. While pregnancy is not classified as a disability under the ADA, certain pregnancy-related conditions may qualify–such as gestational diabetes–and employers are required to provide reasonable accommodations, unless it would create an undue hardship (significant difficulty or expense) for them.

The most recent legislation, the Pregnant Workers Fairness Act (PWFA), was enacted in 2022 to expand the rights of pregnant workers. This law mandates that employers with 15 or more employees proactively provide reasonable accommodations for any known limitations related to pregnancy, childbirth, or associated medical conditions. The PWFA specifies accommodations such as allowing more frequent breaks, providing seating, or modifying job duties to ensure safety and productivity. Employers may only deny accommodations if there is an undue hardship.

The PWFA fills a substantial gap in existing laws by ensuring accommodations for pregnancy-related issues, even if they don’t meet the ADA’s definition of a disability. In addition to federal regulations, many states and local jurisdictions have enacted laws to provide additional protections for pregnant workers. These laws may offer broader coverage than the PDA, ADA, and PWFA, including:

Expanded Employee Coverage: Some state laws apply to employers with fewer than 15 employees.
Specific Accommodation Requirements: Certain states have laws mandating reasonable accommodations for pregnant workers.
Leave Policies: Numerous states offer paid family/maternity leave policies, allowing employees to take paid time off to care for their new child.

Several notable court cases have helped clarify pregnancy discrimination laws:

California Federal Savings & Loan Association v. Guerra (1987): The Supreme Court upheld California’s requirement for employers to provide leave and reinstatement for pregnant employees.
United Automobile Workers v. Johnson Controls, Inc. (1991): The Court ruled against a company policy that restricted women of childbearing age from working in roles that could expose them to lead.
Young v. United Parcel Service, Inc. (2015): The Supreme Court established that pregnant employees could demonstrate discrimination by proving they were treated less favorably than other employees with similar limitations.

The history of pregnancy discrimination is filled with both progress and challenges. While significant legal protections exist today, many women continue to face discrimination. It is essential to remain vigilant, educate employers about their responsibilities, inform employees of their rights, and effectively enforce existing laws. The PDA, ADA, and PWFA, along with state and local laws, create a robust framework for combating pregnancy discrimination. By fostering a knowledgeable and equitable workplace, we can help ensure that all employees, regardless of their pregnancy status, have equal opportunities to succeed.

This article was submitted by NALA’s Diversity, Equity, & Inclusion (DEI) Committee.

Krystyl Jenkins, ACP, PHR, CFM, has been a paralegal for the last 15 years and a Professional in Human Resources (PHR) through HRCI for the last five years. She is also a Certified Family Mediator (CFM), mediating cases for the New Hampshire Commission on Human Rights, and a NALA Advanced Certified Paralegal (ACP^®). Krystyl holds a BS in equine science and a BS in paralegal studies.

RESOURCES

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