As the name suggests, the Pregnancy Discrimination Act of 1978 amended Title VII to prohibit all forms of discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions. According to the Equal Employment Opportunity Commission, it is a violation of the Pregnancy Discrimination Act for an employer to:
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Refuse to hire, fail to promote, or discharge a female employee because of a pregnancy or pregnancy-related condition. |
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Deny fringe benefits, such as disability insurance, sick leave, or health insurance, for pregnancy or pregnancy-related conditions where other employees who are unable to work for different medical reasons receive such benefits. |
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Force a pregnant employee to go on leave of absence before she is unable to perform her job (at least to the same level as other employees with medical conditions). |
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Deny an extension of leave to a pregnant employee or an employee with a pregnancy-related disability, where employees with other medical conditions are granted such extensions. |
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Cease the accrual of seniority (or vacation or sick leave credits) where employees on leave with other medical conditions continue to accrue seniority for employee benefit purposes. |
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Deny child care leave after pregnancy where similar leaves have been granted to employees for non-medical, personal reasons. |
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Deny reinstatement rights to employees on pregnancy leave where employees on leave due to other temporary disabilities have been granted reinstatement rights. |
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Establish an arbitrary rule requiring pregnant employees on leave to remain on leave for a predetermined period of time. |
The Texas Commission on Human Rights Act also prohibits discrimination in employment because of, or on the basis of, sex. This prohibition explicitly includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. The statute requires that for all purposes in employment, including receipt of benefits under fringe benefit programs, women “affected” by pregnancy, childbirth, or related medical conditions be treated the same as other individuals not so affected, but otherwise similar in their ability or inability to work.
Because the Pregnancy Discrimination Act was enacted as an amendment to Title VII, and state protection against pregnancy discrimination is part of Texas’ fair employment practices statute, before a person can pursue a pregnancy discrimination lawsuit, she must first file a charge of discrimination with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. There are specific deadlines associated with these filings. Generally, if one wishes to proceed under state law, she must file with the Texas Workforce Commission – Civil Rights Division or local fair employment practices agency within 180 days of the discriminatory conduct. If one wishes to proceed under federal law, one must file with the EEOC within 300 days of the discriminatory conduct. Because the Texas Workforce Commission – Civil Rights Division and the EEOC have a work-sharing agreement, one may file her charge with one agency and ask the investigator to cross-file the charge with the other agency, thereby satisfying both state and federal deadlines. Failure to take this important step within the required timeframe may prevent a person from asserting any claims for pregnancy discrimination against an employer.