What is the Pregnancy Discrimination Act?

The Pregnancy Discrimination Act (“PDA”) is a federal law which was enacted in 1978. The PDA amended Title VII of the Civil Rights Act of 1964 to provide that discrimination on the basis of sex includes discrimination “on the basis of pregnancy, childbirth, or related medical conditions.”

The purpose of the Act is to ensure that women affected by pregnancy and related conditions are treated the same as other applicants and employees on the basis of their ability or inability to work. A woman is, therefore, protected against such practices as being fired or refused a job or promotion, merely because she is pregnant. A woman usually cannot be forced to go on leave as long as she can still work. If other employees who take disability leave are entitled to get their jobs back when they are able to work again, so are women who have been unable to work because of pregnancy.

According to the Equal Employment Opportunity Commission, while an employee is on pregnancy disability leave, her position “must be held open for her return on the same basis as jobs are held open for employees on sick or disability leave for other reasons.” EEOC Questions and Answers on the Pregnancy Discrimination Act, Q & A 9, 29 CFR Pt. 1604, App.

Are There Other Laws That Provide Job Security Based on Pregnancy?

Yes. The California Pregnancy Disability Leave Law (“PDLL”) is part of the Fair Employment and Housing Act. Under the PDLL, employers have to provide employees up to four months of leave for disability due to an employee’s pregnancy, childbirth, or related medical conditions. Similarly, under the Family Medical Leave Act (“FMLA”), eligible employees have leave rights for – among other things – the birth of a child and to care for the child.

Contact Akopyan Law Firm A.P.C. for Advice

For advice about pregnancy and the law in California, contact Akopyan Law Firm A.P.C. We offer a complimentary case evaluation and contingency fee services. Our case results and testimonials are why employees know they can count on us. Our law firm assists individuals facing pregnancy discrimination, ensuring their rights are protected.