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Specifically, pregnancy discrimination claims filed by women of color increased by 76% from FY 1996 to FY 2005, while pregnancy discrimination claims overall increased 25% during the same time period.
The issues most commonly alleged in pregnancy discrimination charges have remained relatively consistent over the past decade.
It is reasonable to conclude that her discharge was attributable to the supervisor's stereotypes about pregnant workers' attendance rather than to Maria's actual attendance record and, therefore, was unlawful.
Darlene, who is visibly pregnant, applies for a job as office administrator at a campground.
OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014.
Most of this revised guidance remains the same as the prior version, but changes have been made to Sections I. C.1 (Light Duty) in response to the Supreme Court's decision in Congress enacted the Pregnancy Discrimination Act (PDA) in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). employees over other employees.'" By enacting the PDA, Congress sought to make clear that "[p]regnant women who are able to work must be permitted to work on the same conditions as other employees; and when they are not able to work for medical reasons, they must be accorded the same rights, leave privileges and other benefits, as other workers who are disabled from working." on the basis of pregnancy, childbirth, or related medical conditions; and 2) Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.
The interviewer tells her that July and August are the busiest months of the year and asks whether she will be available to work during that time period.
Darlene replies that she is due to deliver in late September and intends to work right up to the delivery date.
Part III briefly describes other requirements unrelated to the PDA and the ADA that affect pregnant workers. In passing the PDA, Congress intended to prohibit discrimination based on "the whole range of matters concerning the childbearing process," Thus, the PDA covers all aspects of pregnancy and all aspects of employment, including hiring, firing, promotion, health insurance benefits, and treatment in comparison with non-pregnant persons similar in their ability or inability to work.The majority of charges include allegations of discharge based on pregnancy.Other charges include allegations of disparate terms and conditions of employment based on pregnancy, such as closer scrutiny and harsher discipline than that administered to non-pregnant employees, suspensions pending receipt of medical releases, medical examinations that are not job related or consistent with business necessity, and forced leave.In 2008, a study by the National Partnership for Women & Families found that pregnancy discrimination complaints have risen at a faster rate than the steady influx of women into the workplace.Moreover, the study found that much of the increase in these complaints has been fueled by an increase in charges filed by women of color.