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OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014.
Most of this revised guidance remains the same as the prior version, but changes have been made to Sections I. C.1 (Light Duty) in response to the Supreme Court's decision in Congress enacted the Pregnancy Discrimination Act (PDA) in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). employees over other employees.'" By enacting the PDA, Congress sought to make clear that "[p]regnant women who are able to work must be permitted to work on the same conditions as other employees; and when they are not able to work for medical reasons, they must be accorded the same rights, leave privileges and other benefits, as other workers who are disabled from working." on the basis of pregnancy, childbirth, or related medical conditions; and 2) Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.
Part I of this document provides guidance on Title VII's prohibition against pregnancy discrimination.
It describes the individuals to whom the PDA applies, the ways in which violations of the PDA can be demonstrated, and the PDA's requirement that pregnant employees be treated the same as employees who are not pregnant but who are similar in their ability or inability to work (with a particular emphasis on light duty and leave policies).
The interviewer explains that the campground cannot risk that she will decide to stop working earlier and, therefore, will not hire her.
Part III briefly describes other requirements unrelated to the PDA and the ADA that affect pregnant workers. In passing the PDA, Congress intended to prohibit discrimination based on "the whole range of matters concerning the childbearing process," Thus, the PDA covers all aspects of pregnancy and all aspects of employment, including hiring, firing, promotion, health insurance benefits, and treatment in comparison with non-pregnant persons similar in their ability or inability to work.
The majority of charges include allegations of discharge based on pregnancy.
Other charges include allegations of disparate terms and conditions of employment based on pregnancy, such as closer scrutiny and harsher discipline than that administered to non-pregnant employees, suspensions pending receipt of medical releases, medical examinations that are not job related or consistent with business necessity, and forced leave.
The interviewer tells her that July and August are the busiest months of the year and asks whether she will be available to work during that time period.
Darlene replies that she is due to deliver in late September and intends to work right up to the delivery date.