The law firm of Kaup & Shultz, LC, handles cases under the Pregnancy Discrimination Act and has assisted clients in obtaining compensation for discrimination. Like any discrimination case, it can be difficult to prove some pregnancy discrimination cases because the employer might have another bona fide reason for why it did not hire or why it fired a pregnant women. Some employers are not so clever are simply state that a pregnant woman should not be working at whatever job she has. When this occurs, the case is much easier, especially if there are witnesses. Although pregnancy discrimination might not have the nastiness that many sexual harassment cases have, it still is a terrible form of discrimination against women who are left to feel guilty that they became pregnant. It turns what should be a joyous event (most of the time) into a legal battle. |
| The Law of Sexual Discrimination |
| Michael M. Shultz Representing Kansas employees in sex discrimination, hostile work environment, pregnancy discrimination and equal pay violations 8826 Santa Fe Overland Park, KS 66212 913-385-0808 and 901 Kentucky Suite 305 Lawrence, KS 66044 785-838-4300 email us |
| The information in these pages is intended for Kansas employees who are interested in sexual harassment law and hostile work environment. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
The Pregnancy Discrimination Act (PDA)
In 1978, the Congress amended Title VII to make discrimination on the
basis of pregnancy illegal. The apparent reason for this was that
employers were arguing that they were not discriminating against
women, but that they were only dealing with the issue of pregnancy
which the woman usually brought on herself. The PDA make
discrimination on the basis of pregnancy, childbirth, or medical
conditions related to the pregnancy unlawful sex discrimination.
In 2007, the EEOC received 5,587 charges of pregnancy-based
discrimination so you can see that pregnancy discrimination is a
significant problem for apart from the other forms of discrimination
discussed in this website.
As with the rest of Title VII, the law covers those employers who have
15 or more employees. The essential requirement of the PDA is that the
employer must treat women who are pregnant or have
pregnancy-related conditions in the same manner as other applicants
or employees with similar abilities or limitations.
Some of the PDA's essential features are explained by the EEOC:
Hiring
An employer cannot refuse to hire a pregnant woman because of her
pregnancy, because of a pregnancy-related condition, or because of the
prejudices of co-workers, clients, or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for
special procedures to determine an employee's ability to work.
However, if an employer requires its employees to submit a doctor's
statement concerning their inability to work before granting leave or
paying sick benefits, the employer may require employees affected by
pregnancy-related conditions to submit such statements.
If an employee is temporarily unable to perform her job because of her
pregnancy, the employer must treat her the same as any other
temporarily disabled employee. For example, if the employer allows
temporarily disabled employees to modify tasks, perform alternative
assignments, or take disability leave or leave without pay, the employer
also must allow an employee who is temporarily disabled because of
pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able
to perform their jobs. If an employee has been absent from work as a
result of a pregnancy-related condition and recovers, her employer may
not require her to remain on leave until the baby's birth. An employer
also may not have a rule that prohibits an employee from returning to
work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the
same length of time jobs are held open for employees on sick or
disability leave.
Health Insurance
Any health insurance provided by an employer must cover expenses for
pregnancy-related conditions on the same basis as costs for other
medical conditions. An employer need not provide health insurance for
expenses arising from abortion, except where the life of the mother is
endangered.
Pregnancy-related expenses should be reimbursed exactly as those
incurred for other medical conditions, whether payment is on a fixed
basis or a percentage of reasonable-and-customary-charge basis.
The amounts payable by the insurance provider can be limited only to
the same extent as amounts payable for other conditions. No additional
increase, or larger deductible can be imposed.
Enforcement
The PDA is enforced in the same manner as other discrimination claims
under Title VII.
In 1978, the Congress amended Title VII to make discrimination on the
basis of pregnancy illegal. The apparent reason for this was that
employers were arguing that they were not discriminating against
women, but that they were only dealing with the issue of pregnancy
which the woman usually brought on herself. The PDA make
discrimination on the basis of pregnancy, childbirth, or medical
conditions related to the pregnancy unlawful sex discrimination.
In 2007, the EEOC received 5,587 charges of pregnancy-based
discrimination so you can see that pregnancy discrimination is a
significant problem for apart from the other forms of discrimination
discussed in this website.
As with the rest of Title VII, the law covers those employers who have
15 or more employees. The essential requirement of the PDA is that the
employer must treat women who are pregnant or have
pregnancy-related conditions in the same manner as other applicants
or employees with similar abilities or limitations.
Some of the PDA's essential features are explained by the EEOC:
Hiring
An employer cannot refuse to hire a pregnant woman because of her
pregnancy, because of a pregnancy-related condition, or because of the
prejudices of co-workers, clients, or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for
special procedures to determine an employee's ability to work.
However, if an employer requires its employees to submit a doctor's
statement concerning their inability to work before granting leave or
paying sick benefits, the employer may require employees affected by
pregnancy-related conditions to submit such statements.
If an employee is temporarily unable to perform her job because of her
pregnancy, the employer must treat her the same as any other
temporarily disabled employee. For example, if the employer allows
temporarily disabled employees to modify tasks, perform alternative
assignments, or take disability leave or leave without pay, the employer
also must allow an employee who is temporarily disabled because of
pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able
to perform their jobs. If an employee has been absent from work as a
result of a pregnancy-related condition and recovers, her employer may
not require her to remain on leave until the baby's birth. An employer
also may not have a rule that prohibits an employee from returning to
work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the
same length of time jobs are held open for employees on sick or
disability leave.
Health Insurance
Any health insurance provided by an employer must cover expenses for
pregnancy-related conditions on the same basis as costs for other
medical conditions. An employer need not provide health insurance for
expenses arising from abortion, except where the life of the mother is
endangered.
Pregnancy-related expenses should be reimbursed exactly as those
incurred for other medical conditions, whether payment is on a fixed
basis or a percentage of reasonable-and-customary-charge basis.
The amounts payable by the insurance provider can be limited only to
the same extent as amounts payable for other conditions. No additional
increase, or larger deductible can be imposed.
Enforcement
The PDA is enforced in the same manner as other discrimination claims
under Title VII.
The Family Medical Leave Act
This law also provides benefits to women who have become pregnant and give birth to a child
as well as to women who adopt a child. The law provides similar rights to men and women.
New fathers and mothers who are covered by the FMLA are entitled to leave – up to 12 weeks
per year – under a variety of circumstances. It’s illegal to punish an employee in any way for
taking FMLA leave. If you aren't an FMLA-covered employer or the employee either isn't
eligible for or has exhausted her FMLA leave, you still may have an obligation to provide the
leave under Title VII as amended by the PDA.
The mother-to-be is entitled to leave for complications. She’s also entitled to intermittent leave
for morning sickness and doctor appointments. She doesn’t have to provide a separate FMLA
certification for each bout of morning sickness.
If both parents are your employees, then the FMLA grants them only 12 weeks total to care for
their baby. In reality, though, the mother could get her doctor to certify that she needs 6 weeks
to care for herself after giving birth in addition to the 6 weeks to care for the baby. In that
situation, the father probably would be limited to 6 weeks.
This law also provides benefits to women who have become pregnant and give birth to a child
as well as to women who adopt a child. The law provides similar rights to men and women.
New fathers and mothers who are covered by the FMLA are entitled to leave – up to 12 weeks
per year – under a variety of circumstances. It’s illegal to punish an employee in any way for
taking FMLA leave. If you aren't an FMLA-covered employer or the employee either isn't
eligible for or has exhausted her FMLA leave, you still may have an obligation to provide the
leave under Title VII as amended by the PDA.
The mother-to-be is entitled to leave for complications. She’s also entitled to intermittent leave
for morning sickness and doctor appointments. She doesn’t have to provide a separate FMLA
certification for each bout of morning sickness.
If both parents are your employees, then the FMLA grants them only 12 weeks total to care for
their baby. In reality, though, the mother could get her doctor to certify that she needs 6 weeks
to care for herself after giving birth in addition to the 6 weeks to care for the baby. In that
situation, the father probably would be limited to 6 weeks.
| Michael Shultz, Attorney at Law 785-838-4300 913-385-0808 |
