PREGNANCY DISCRIMNATION
Many women undergo job discrimination based on pregnancy, adding financial worries to the many hardships already brought upon them during the months of pregnancy. This results in the commonly-held belief that women must choose between bearing children and advancing their career. However, this belief is not only unfair and sexist, but also illegal. Discrimination in the workplace based on a pregnancy-related inability to work is equivalent to disability discrimination and if you have experienced discrimination on the grounds that you are pregnant, you are within your rights to fight the unjust acts of your employer.
According to the ADA, pregnancy is not a disability; however, pregnancy related conditions may be protected disabilities.
A pregnant employee who is unable to work due to the difficulties of pregnancy or childbirth is entitled to the same benefits other disabled employees receive.
The employer is not required to accommodate child care leave under the ADA (it is not a physical restriction).
Federal Title VII Law
According to Title VII discrimination based on pregnancy is illegal. This also includes discrimination based on the potential for becoming pregnant (see the sex/gender discrimination section under ‘fetal protection’ for more information).Employers must make reasonable accommodations for women who are pregnant (see the Disability Discrimination section for the definition of reasonable accommodations).Employers can require an employee to give advanced notice if the employee plans to take a pregnancy leave.Employers cannot make an employee take a pregnancy leave unless the employer can prove that the pregnant employee is unable to perform her job.