Under the PDA, an employer with at least 15 employees must treat women who are pregnant or affected by pregnancy-related conditions in the same manner as employees with other temporary disabilities. This requirement extends to women who temporarily cannot perform their duties due to the pregnancy or a pregnancy-related condition; if an employer would allow any other temporarily disabled employee to perform light duty, take disability leave, or obtain alternative assignments because of a disability, this concession must be extended to those affected by pregnancy or reproductive conditions.

Usually, a discriminatory employment action falls into one of three categories. These include:

1. Disparate treatment: when affected employees are treated differently by their employer because of their protected class.
   
2. Disparate impact: when the pregnancy or pregnancy-related condition plays a role in the discrimination and has had a determinative impact on the employer’s actions.
   
3. Facially discriminatory policies: when women are limited or precluded from performing specific jobs in the workplace simply because they are fertile or pregnant.

Additionally, an employer cannot refuse to hire a pregnant woman because of her pregnancy or because of a pregnancy-related condition. If an employer provides any benefits to employees, those benefits must be extended to women with pregnancy-related conditions. Employers must also obtain health insurance expenses for pregnancy-related conditions on the same basis as they would cover other medical conditions. Pregnancy-related benefits cannot be limited to married employees. Finally, abortion coverage is not required under the PDA unless the life of the mother is endangered.

What should you do if you think you’ve been discriminated against?¹

1. Write down what happened. Write down the date, time, and place of the incident as soon as possible. Include what was said and who was there. Keep a copy of these notes at home. They will be useful if you decide to file a complaint with your company or to take legal action.
   
2. Get emotional support from friends and family. It can be very upsetting to feel that you have been treated unfairly at work. Take care of yourself. Think about what you want to do. Get help to do it.
   
3. If applicable, talk to your union representative. Union rules often allow you to file a grievance. If you don’t have a union, call a women’s or civil rights group for help.
   
4. Talk to your employer. Your company may have an Equal Employment Opportunity Officer or a way for you to file a complaint. For instance, some companies have new ways to resolve problems, like mediation. Check your employee handbook for procedures.
   
5. Find out how other pregnant workers have been treated. Talk to any women who may have had trouble at work because they were pregnant.
   
6. Keep doing a good job and keep a record of your work. Keep copies at home of your job evaluations and any letters or memos that show that you do a good job at work. Your boss may criticize your job performance later on in order to defend his or her discrimination.
   
7. You have a right to file a charge. The law has a very short time limit on how long you can wait to file a charge against your company. You can file a charge even if you do not work for your employer anymore. You can file a charge with the U. S. Equal Employment Opportunity Commission (EEOC) at 800/669-EEOC. Most states and local governments also have a human rights or civil rights office that can help.
   
8. Find out more about your legal rights. You do not need a lawyer to file a charge with the EEOC. But you may want to talk with a lawyer who specializes in sex discrimination. The state bar association or the women’s bar association in your area can refer you to lawyers. They can help you figure out what to do. They know the pros and cons of different legal actions, including the time and the cost of filing a lawsuit. You can also e-mail AAUW at laf@aauw.org and ask for the contact information for members of our Legal Referral Network located in your area.

If you think your rights have been violated under the PDA, visit the EEOC website: www.eeoc.gov/charge/overview_charge_filing.html.

 Return to the Pregnancy Discrimination Act homepage

^{1 United States Department of Labor, The Women’s Bureau, “Pregnancy Discrimination; Know Your Rights.” 1994. www.lectlaw.com/files/emp31.htm.}