What are the protections under Title VII against discrimination based upon pregnancy?

Title VII protects women against discrimination based on pregnancy or intent to become pregnant. The Pregnancy Discrimination Act of 1978 amended title VII to provide the following specific protections:

• Pregnancy
• Insurance Plans
• Maternity Leave

What are the pregnancy protections under Title VII?

An employer cannot discriminate against women employees who become pregnant or give birth. This may include intentional discrimination or policies that have the effect of discriminating

Example: Intentional discrimination may include failing to hire, firing, or denying benefits based upon her pregnancy. A discriminatory policy might include mandatory reassignment of pregnant employees to low-stress jobs.

What are the Insurance Plan protections related to Pregnancy under Title VII?

Employers sponsoring or offering health or disability plans must include coverage for pregnancy, childbirth, and related medical conditions in the same manner as other health conditions. Further, plans that cover female employees must also cover employee’s spouses.

Note: This is a considerable difference between privately-purchased health plans and employer-based plans.

What are the Maternity and Paternity protections related to Pregnancy under Title VII?

Employers are limited in their ability to force employees to take maternity leave from work. For example, employers cannot force pregnant women to stop working until after birth. Lastly, the employer cannot mandate a specific leave of absence for pregnancy or birth.

Note: The Family Medical Leave Act may provide for rights to unpaid leave during and following birth.