Sunday, December 2, 2012

1978 – The Pregnancy Discrimination Act


In 1978 Congress amended Title VII of the Civil Rights Act of 1964 to enact the Pregnancy Discrimination Act (PDA). This act was passed to reverse the Supreme Court's decision in General Electric Company v. Gilbert (1976) in which the Supreme Court held that Title VII's prohibition against "sex" discrimination does not include a ban on pregnancy-based discrimination. The video I posted to go along with this entry perfectly explains what the PDA is/does. The woman states in the video that the Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth and related health conditions. If an employer refuses to hire or promote a woman just because she's pregnant, that woman can sue in court to protect her rights. Employers with more than 15 employees are required to treat women who are affected by pregnancy or related conditions the same way they treat other employees with temporary disabilities. The PDA not only prohibits facially discriminatory policies that limit or preclude women from performing specific jobs simply because they are fertile or pregnant but also prohibits actions by employers that result in disparate treatment or impact toward women because of their ability to become pregnant. I find this act to be an important achievement, in the desire for equal rights in the workplace, because it helps the ever present problem of intersectionality. Now women who are bearing children or are planning on bearing children can feel protected against unfair discrimination due to their condition. All women in the workforce are always protected by the PDA by virtue of their ability to become pregnant, and they are not required to do anything to qualify for its protection.
-Alan Daniel

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