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Pregnancy Discrimination
In 1976, in Gilbert v. General Electric, 429 U.S. 125 (1976), the Supreme Court held that Title VII's prohibition of sex discrimination did not extend to pregnancy or related conditions. Congress responded with the Pregnancy Discrimination Act of 1978, which added §701(k) to Title VII: “The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions. . . .”
The PDA is an equal treatment mandate; it requires that people "affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work." When can employers face consequences under the PDA for failing to accommodate pregnant workers? What counts as a condition related to pregnancy? Consider these questions as we read the next several cases.
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