About 75 percent of the 68 million women working in the United States will become pregnant at some point in their lives.1 Between 1996 and 1999, 81.5 percent of women who worked while pregnant with their first child returned to work within a year of giving birth.2 Therefore, the protection of pregnant women, or those trying to become pregnant, is vitally important to a majority of working women in the United States. In 1978, Congress passed the Pregnancy Discrimination Act (PDA) to ensure that women and men could take time off from work for pregnancy-related problems without fearing adverse employment action.
While states may develop their own legislative policies concerning pregnant workers, at the national level the Pregnancy Discrimination Amendment to Title VII of the Civil Rights Act of 1964 specifies that women should not be discriminated against simply because they are fertile or pregnant.
Under the Pregnancy Discrimination Act, employers with more than 15 employees are required to treat women who are affected by pregnancy or related conditions the same way they treat other employees with temporary disabilities. The PDA not only prohibits facially discriminatory policies that limit or preclude women from performing specific jobs simply because they are fertile or pregnant but also prohibits actions by employers that result in disparate treatment or impact toward women because of their ability to become pregnant. Additionally, an employer cannot refuse to hire a pregnant woman because of her pregnancy or because of a pregnancy-related condition.
All women in the workforce are always protected by the PDA by virtue of their ability to become pregnant, and they are not required to do anything to qualify for its protection.
The AAUW Legal Advocacy Fund is committed to advocating for family friendly workplace policies. We offer the following information and resources for all concerned about pregnancy discrimination in the workplace.
- Brief Background
A short overview about the passage of PDA.
- Rights and Enforcement
Learn about employee rights under PDA and what you can do if you feel you have been discriminated against due to pregnancy.
- Recent Cases
Learn about recent lawsuits relating to pregnancy discrimination and how they may impact the law.
- Frequently Asked Questions
Answers to frequently asked questions about PDA.
- Resources
Additional sources for individuals who want to learn more about the pregnancy discrimination.
Still need help?
If you have any questions, would like to learn more, or would like to make a contribution to LAF, send an e-mail to laf@aauw.org or call 202/785-7750.
1 Jill Hamburg Coplan, “What to Expect When You’re Expecting.” Business Week, vol. 4085, May 26, 2008.
2 "Women Leaving & Re-entering the Work Force," Catalyst, August 2007, http://www.catalyst.org/publication/249/women-leaving-re-entering-the-work-force.
