Pregnancy Discrimination Act

Pregnancy Discrimination Act (PDA) This law prohibits discrimination or retaliation based on pregnancy. 

In the category of pregnancy discrimination, safety professionals should be aware that the Pregnancy Discrimination Act was added as an amendment to Title VII. Safety professionals should be aware that unlawful employment practices in this category can include exclusion from medical or insurance programs, denial of a leave of absence, or discrimination based on the time or duration of a leave of absence. Of particular note is that protections under the Pregnancy Discrimination Act extend not only to female employees, but also to the spouses of male employees. ... 

Acquire an understanding of the protections afforded under the Pregnancy Discrimination Act. 

Additionally, safety professionals should be aware that the protections can be afforded to employees under the Pregnancy Discrimination Act under conditions beyond pregnancy, including such areas as in vitro fertilization. Safety professionals should also be aware that protections under the Pregnancy Discrimination Act may extend to the spouses of the pregnant female employee.f... 

Safety professionals should be aware that the basic requirement of the Pregnancy Discrimination Act is to treat a pregnant anployee the same as you would treat any other employee with a temporary disability, ascertaining and accommodating their ability or inability to perform the job. 

Generally, safety professionals should be aware that it may not constitute discrimination under the Pregnancy Discrimination Act for a pregnant employee to be denied a leave of absence or an extension on a leave of absence so long as related leave of absence or extension of a leave of absence are the same for male employees for related to leave of absence for sickness or health-related reasons. ... 

Of particular importance for safety professionals is the issue of termination of leave of absence at predetermined times. Safety professionals should be aware that a company s requiranent that a maternity leave start or stop on a specific day, without a showing of business or medical necessity, may constitute a violation of the Pregnancy Discrimination Act and/or Title VII if there is no applicable structure for male anployee leave of absence. ... 

A controversial area that safety professionals should be aware of is that of breast feeding when the mother returns to the job. Although not specifically addressed in the Pregnancy Discrimination Act, safety professionals should be aware of the break-time requirement that is now part of the Fair Labor Standards Act, specifically in Section 4207 of the Patient Protection and Affordable Care Act (also referred to as the Affordable Care Act ). Safety professionals should be aware that this provision requires companies and organizations to provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child s birth each time such employee has need to express the milk. Additionally, safety professionals should be aware that this provision requires the company or organization to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. This is relatively new, and safety professionals should be aware that this break-time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. 

Safety professionals should become familiar with your company or organization s policies regarding compliance with the Pregnancy Discrimination Act, as well as Family and Medical Leave Act, Affordable Care Act, and general leave of absence policy and requirements. 

Issues Smith alleged she was discriminated against by her employer, Jones, Inc., in violation of the Pregnancy Discrimination Act and Title VII of the Civil Rights Act. 

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