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What If You Are Discriminated Against While Pregnant?

Both the federal law and the law of most states protects against discrimination based on pregnancy. The principal law is the federal Pregnancy Discrimination Act ("PDA"). The PDA, which is really a part of Title VII, makes it clear that whenever the phrase "because of sex" appears in Title VII, it should be read to also include "because of or on the basis of pregnancy, childbirth or related medical conditions".

The PDA provides that women affected by pregnancy, childbirth or related medical conditions must be treated the same under all benefits programs as other persons who are not so affected but are similar in their ability or inability to work. In short, an employer covered by the law may not discriminate against its female workers that are pregnant or have a problem or affliction related to pregnancy or childbirth. The law, however, does not require that pregnant receive favorable treatment.

Benefits for Pregnant Dependents

According to the PDA, availability of benefits for spouses and families of workers cannot be based on the sex of the employee. This does not mean that an employer is required to provide health insurance benefits for pregnancy related conditions of employee's dependents so long as it does not provide any other benefits for dependents.

The Supreme Court has held that where the employer provides benefits for the medical conditions of the spouses of employees, it cannot limit the benefits provided for pregnancy related medical conditions of the spouses of male employees if it does not equally limit the benefits provided for the medical conditions of the spouses of female employees. Also, the law prevents the employer from offering optional dependent coverage that excludes pregnancy related medical conditions or from offering less coverage for such conditions than for other medical conditions.

What if I am not married to my partner?

The PDA also provides that an employer may not limit fringe benefits for pregnancy related medical conditions only to employees who are married. However, this does not mean that employers are prohibited from engaging in marital status discrimination. Employers are entitled to limit the fringe benefits for pregnancy related conditions to married employees only, provided that similar fringe benefits are also limited to married employees. For example, if an employer chooses to make health insurance and disability coverage available only to married employees, pregnancy related medical condition would receive equal treatment as required by the PDA. While the PDA does not prohibit this kind of marital discrimination, the laws of some states would prohibit this practice.


Please be advised that the application of the law is no different if the employer has an all female work force. The employer must treat pregnancy related medical conditions in the same way as all other medical conditions for the purposes of fringe benefits.

The PDA does not require employers to pay for health insurance benefits for abortion, except where the life of the mother may be in danger or if medical complications have arisen from an abortion. Also, the PDA requires all other fringe benefits besides health insurance to be equally available to those who have abortions as to other beneficiaries. In other words, there can be no discrimination in the granting of fringe benefits on account of an employee undergoing an abortion. PDA does not dictate that abortion benefits be provided nor prevents an employer from providing this benefit.

How this applies to State Law

The U. S. Supreme Court has stated that the PDA was designed to provide a "floor" on pregnancy related benefits. It does not establish a ceiling on those benefits. This means that each state is free to enact laws imposing greater burdens on employers, and guaranteeing greater pregnancy benefits to employees.

Many states have enacted laws that impose greater obligations on employers. Provisions in state job discrimination laws and other state laws often provide for mandatory pregnancy, maternity and family responsibility leave in associated benefits instead of just prohibiting discrimination. Some state job discrimination laws do not expressly address pregnancy related discrimination, but simply include pregnancy discrimination as a part of their sex discrimination laws. There are important federal regulations enacted under the PDA that are important to understanding all of the pregnancy discrimination rules. Those regulations are contained in volume 29 of the Code of Federal Regulations at part 1600. The Code of Federal Regulations is available at all law school libraries and at all federal document depository libraries and many public libraries.

For related information see:

Contact the Attorney General in Texas

or information online at www.findlaw.com related to:

Americans with Disabilities Act

COBRA ﷓ Group Medical Benefits
 
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