Authored by Cynthia L. Effinger
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work. The Supreme Court will soon hear a case, Young v. UPS, to determine whether, and in what circumstances, the PDA requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are "similar in their ability or inability to work." The Fourth Circuit Court of Appeals in Young previously ruled that employers do not have to provide special accommodations to pregnant workers under the PDA. Be on the lookout for the Supreme Court ruling and if you have specific questions about a pregnant employee at your business, contact counsel.