Pros And Cons Of Federal Pregnancy Discrimination Laws

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Federal Pregnancy Discrimination laws such as the Pregnancy Discrimination Act (PDA) are set forth in an amendment under Title VII of the Civil Rights Act of 1964. The act states that discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII (EEOC Home Page). Pregnancy is a subset of sex discrimination due to the obvious fact that it deals selectively with woman’s rights. The focus of this law is to ensure that women who are pregnant or have other similar conditions are treated the same in comparison to others with similar inabilities to work. Employers may not refuse to hire a woman simply because she is pregnant; however, if the pregnancy causes an infringement …show more content…
Employers are required to hold the job for a pregnancy-related absence for the same amount of time that an employer usually would for a sick or temporarily disabled person. Under the Family and Medical Leave Act (FMLA) of 1993, a new parent, is eligible for up to 12 weeks of leave to care for a new child. A major realization to point out is that it does not specify a new “mom,” it states, “parent.” This distinction permits new fathers, mothers, or foster/adoptive parents to take time off to care for the child. The only requirement that must be met in order for an employee to be eligible for up to 12 weeks of leave under the FMLA is that the employee must have been with the company for at least 12 minors prior to taking the leave, not prior to the request date, and in order for the FMLA to apply to a business, the business must have a minimum of 50 employees if private sector, or any number if public (more restrictions …show more content…
Under the ADA, a reasonable accommodation standard is required to be met by the employer so long as the accommodation will not present undue hardship onto the business. Undue hardship implies a high expense, or extreme difficulty. The ADA Amendments Act of 2008 makes it must easier to show that a medical condition is a covered disability. While employers are not required to provide insurance, should a health insurance coverage plan be offered, it must include pregnancy related conditions as well. The only exception to this is for abortion; a policy need not include a provision in which abortion is covered except in cases in which an abortion is needed due to life threatening circumstances with the mother. With one additional exception, pregnancy related conditions cannot be excluded for policies; this exception states that under Title TII, benefits can be denied for medical costs arising from an existing pregnancy should the health insurance plan exclude benefit payments for pre-existing conditions (EEOC Home

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