Women's Health: The Pregnancy Discrimination Act Of 1978

Under the act, an employer cannot lawfully refuse to hire a woman if she is pregnant unless her condition makes it impossible for her to perform the major functions of the position. In an interview, it is not legal for an employer to ask a woman if she is pregnant or if she plans to become pregnant or have children.

The law also indicates an employer may not discriminate against a pregnant employee or one who becomes pregnant in any way. A pregnant employee's wages may not legally be affected by her condition. She must be allowed to perform her job as long as she is able and if she is unable to work due to her pregnancy or conditions related to her pregnancy, the company must treat the employee in the same way any temporarily disabled employee would be treated. For example, if a company requires a doctor's note to provide other types of disability leave, the company could require a doctor's note from a pregnant employee before granting the leave but could not demand anything extra. In addition, benefits such as vacation accrual and seniority must be treated in the same way for a woman on maternity leave or out due to pregnancy disability as anyone out on leave for any other reason.

Health insurance coverage provided by employers is also affected by this act. Pregnancy and childbirth must be covered by health insurance in the same manner as other medical conditions. For example, if an insurance policy covers 80% of expenses for doctors' visits, it must cover at least this amount in the event of visits resulting from pregnancy care. It is not legal to exclude conditions related to pregnancy from a health insurance policy.

The marital status of a pregnant woman is considered immaterial to her rights as an employee or in seeking health care, so a single mother should be treated in the same way as a pregnant married woman.

An additional law, the Family and Medical Leave Act offers many woman additional employment protection. The law allows most women to take up to 12 weeks unpaid leave from their jobs for a disability related to pregnancy or for childbirth, without risking their positions.

In the event of discrimination due to pregnancy, an employee or employment candidate may file charges with the federal equal employment opportunity commission (EEOC). In states where the state law governs pregnancy discrimination, employees should file with their local agency instead of with the EEOC. If the local agency chooses not to act, the employee may still file with the EEOC within 30 days of the notification from the state.To file an initial charge with the EEOC, it must be submitted within 180 days of the discriminatory event.

If a woman believes she has been discriminated against, it is important to keep careful notes and document the events comprising the discrimination. For an employee, the first step is to research the company's policies regarding leaves and disabilities to compare the general policies with the pregnant individual's treatment. Employees may want to contact their human resources departments before filing a complaint with the EEOC, but should not allow internal investigations to prevent them from meeting EEOC deadlines.