THE AMERICANS WITH DISABILITIES ACT AND THE PREGNANCY DISCRIMINATION ACT OF 1978

The Americans with Disabilities Act and the Pregnancy Discrimination Act of 1978

Table of Content

OVERVIEW1

FEDERAL PREGNANCY DISCRIMINATION ACT 19781

DISABILITY ACT2

INTRODUCTION2

DISCUSSION3

EMPLOYMENT5

PUBLIC ACCOMMODATIONS5

EEOC PERSPECTIVE6

IMPACT7

HOW DOES THE PREGNANCY DISCRIMINATION ACT PROTECT YOU?8

WHAT TO DO IF YOUR BOSS FAILS TO ABIDE BY THE PREGNANCY DISCRIMINATION ACT?9

CONCLUSION9

REFERENCES11

Overview

Pregnancy Discrimination Act (PDA), a 1978 amendment to Title VII of the Civil Rights Act of 1964, prohibits workplace discrimination on the basis of pregnancy. The impetus for the act was a 1976 Supreme Court decision, General Electric v. Gilbert, in which the Court held that denial of benefits for pregnancy-related disability was not discrimination based on sex. This holding echoed past management decisions by which married women faced job discrimination and pregnant women were routinely fired. By 1977, women made up more than 45 percent of the labor force, but only one-quarter had insurance plans that allowed sick leave for pregnancy-related illness. Reaction to the Gilbert decision was swift. Women's organizations, feminists, labor and civil rights advocates, and some right-to-life groups formed a coalition known as the Campaign to End Discrimination Against Pregnant Workers to seek legislative relief from the Court's decision. Legislation to amend Title VII and overturn Gilbert was introduced in Congress in 1977 and passed, as the Pregnancy Discrimination Act, one year later.

Federal Pregnancy Discrimination Act 1978

The Federal Pregnancy Discrimination Act, which became effective in October 1978, states that discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful under the Title VII of the Federal Civil Rights Act. This Act ensures that women, affected by pregnancy and related conditions, are rated on the basis of their ability r inability to work. Therefore, it is unlawful to terminate or refuse to hire or promote because of pregnancy be accorded disability benefits, sick leave and health insurance at least on the same basis as employees unable to work for other medical reasons.

Disability Act

There are many reasons why the Americans with Disabilities Act was passed. All are very different, but similar in that they all relate to one subject. It was created to make it easier for Americans with disabilities to become employed. The Americans with Disabilities Act is designed to protect an individual's civil rights by promoting equal opportunity and equality of access for travelers with special needs. It protects the civil rights of travelers with disabilities to equal access to goods and services offered by public service providers. Another purpose of the Americans with disabilities act is to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. It was also passed to provide clear, strong, consistent, and enforceable standards addressing discrimination against those individuals. It was passed to ensure that the Federal Government plays a central role in enforcing the standards established in this act on behalf of individuals with disabilities. The final reason, but obviously not the least important, is that it was passed to invoke the sweep of congressional authority, including the power ...