The Office of Civil Rights (OCR) manages the Department of Commerce’s Equal Employment Op- portunity (EEO) Complaint Process and other EEO programs. This fact sheet includes basic informa- tion about pregnancy discrimination, which is prohibited by Title VII of the Civil Rights Act of 1964, as amended.
Q. How does Title VII pro- Q. May an employer refuse work before granting leave or tect employees and job appli- to hire a woman because co- paying benefits, the employer cants from discrimination workers or clients do not may require employees affected based on pregnancy? want to deal with pregnant by pregnancy-related conditions women? to submit such statements. A. Title VII, as amended by the Pregnancy Discrimination Act, No. It is unlawful to refuse to If an employee is temporarily un- provides that discrimination on hire a woman because of preju- able to perform her job due to the basis of pregnancy, childbirth, dice against pregnant workers, pregnancy, the employer must or related medical conditions is whether this is the prejudice of treat her the same as any other a type of unlawful sex discrimi- the employer or the prejudices employee with a temporary dis- nation. of co-workers, clients, or cus- ability. For example, if modified tomers. tasks, alternative assignments, Women affected by pregnancy disability leave, or leave without or related conditions must be pay are available to other tem- treated in the same manner as Q. How does the law apply porarily disabled employees, they must be made available to other applicants or employees to leave related to preg- employees unable to work be- with similar abilities or limita- nancy and maternity? tions. cause of pregnancy. A. An employer may not single out pregnancy-related condi- tions for special procedures to Q. May an employer require Q. May an employer refuse determine an employee’s abil- a pregnant employee to re- to hire a woman because of ity to work. main on leave until she has a condition related to preg- given birth or for a period nancy? However, an employer may after birth? screen pregnant employees us- A. No. An employer cannot ing the same procedures used No. If an employee has been refuse to hire a woman be- to determine other employee’s absent from work as a result of cause of her pregnancy-re- ability to work. For example, if a pregnancy related condition lated condition as long as she is an employer requires employ- and recovers, her employer may able to perform the major func- ees to submit a doctor’s state- not require her to remain on
tions of her job. ment concerning their inability to leave until after the baby’s birth. OCR Quick Facts Quick OCR
Office of Civil Rights, US Department of Commerce, Room 6012, Washington, DC 20230 www.osec.doc.gov/ocr | 202/482-4993 (V) TTY Users: Call via the Federal Relay Service at 1-800-877-8339. An employer may not have a The amounts payable by the in- Q. What recourse do I have rule which prohibits an em- surance provider can be limited if I believe I have been sub- ployee from returning to work only to the same extent as costs jected to pregnancy discrimi- for a predetermined length of for other conditions. No addi- nation? time after childbirth. Pregnant tional, increased or larger de- employees must be permitted ductible can be imposed. You can see an EEO Counselor to work as long as they are able to try to resolve the situation and to perform their jobs. If a health insurance plan ex- find out about your rights. To cludes benefit payments for preserve your right to file a for- pre-existing conditions when the mal EEO complaint, you must Q. How long must an em- insured’s coverage becomes request counseling within 45 ployer hold a job open for an effective, benefits can be denied days of the action you believe is employee on a pregnancy-re- for medical costs arising from discriminatory or the date you lated absence? an existing pregnancy. knew of should have known that the action might be discrimina- Employers must hold a job open Employers must provide the tory. Contact your bureau EEO for a pregnancy-related absence same level of health benefits Officer to initiate counseling. the same length of time jobs are for spouses of male employ- held open for employees on sick ees as they do for spouses of Your EEO Counselor can also or disability leave. female employees. give you information about other possible avenues of redress for Q. How does Title VII affect your claim. If your case is ap- health insurance issues? Q. What about fringe ben- propriate, you may also be of- efits? fered the opportunity to try to A. Any health insurance pro- resolve your case through me- vided by an employer must A. Pregnancy related benefits diation as part of the EEO Com- cover expenses for pregnancy cannot be limited to married plaint Process. related conditions on the same employees. basis as costs for other medical For more information about the conditions. Health insurance for If an employer provides any EEO complaint process and expenses arising from an abor- benefits to workers on leave, the pregnancy discrimination: tion is not required, except employer must provide the same where the life of the mother is benefits for those on leave for • see OCR’s website at http:// endangered. pregnancy related conditions. www.osec.doc.gov/ocr;
Pregnancy related expenses Employees with pregnancy re- • contact your bureau EEO or should be reimbursed exactly as lated disabilities must be treated Civil Rights Office; or those incurred for other medi- the same as other temporarily cal conditions, whether payment disabled employees for accrual • contact OCR at 202/482- is on a fixed basis or a percent- and crediting of seniority, vaca- 4993 (TTY Users call via the age of reasonable and custom- tion calculation, pay increases Federal Relay Service - 1-800- ary charge basis. and temporary disability benefits. 877-8339.
Published December 2002
This document is intended as a general overview and does not carry the force of legal opinion.