Pregnancy Discrimination Act: guarantee of equal treatment, not preferential treatment

In 1976, the Supreme Court addressed the scope of the prohibition against discrimination on the basis of sex and whether pregnancy and pregnancy-related conditions fell within its parameters in General Electric Co. v. Gilbert.3 In Gilbert, the employer's benefits program was alleged to be discr...

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Bibliographic Details
Published in:FBI law enforcement bulletin 2008-03, Vol.77 (3), p.26
Main Author: Baker, Lisa A
Format: Magazinearticle
Language:English
Subjects:
Childbirth & labor
Civil rights
Employees
Federal court decisions
Government regulation
Law enforcement
Laws, regulations and rules
Pregnant women
Sex discrimination
Supreme Court decisions
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Summary:In 1976, the Supreme Court addressed the scope of the prohibition against discrimination on the basis of sex and whether pregnancy and pregnancy-related conditions fell within its parameters in General Electric Co. v. Gilbert.3 In Gilbert, the employer's benefits program was alleged to be discriminatory in violation of Title VII as it excluded pregnancy and pregnancy-related conditions from its coverage while including other nonoccupational illnesses and accidents. If benefits, such as accrual of seniority, vacation calculation, or pay increases, are provided to workers on leave for nonpregnancy-related disabilities, they must be given on the same terms and conditions for those on leave as a result of pregnancy or pregnancy-related conditions.31 Limited Preference and the Family Medical Leave Act While a complete discussion of the Family Medical Leave Act (FMLA) is beyond the scope of this article, any discussion of pregnancy and pregnancy-related conditions should address provisions of the FMLA that relate to the care of a newborn.32 The FMLA entitles eligible employees to a minimum of unpaid leave (or paid leave if available) during any 12 weeks during any 12-month period on account of the birth of a child.
ISSN:0014-5688
1937-4674