How Does Pregnancy Discrimination Relate to Sex Discrimination?
As a job applicant or an employee in South Florida, you have legal protections against pregnancy discrimination. Existing prohibitions against pregnancy discrimination are relatively broad, and they protect you against various forms of discrimination that seem connected to prohibitions against sex and gender discrimination. How does pregnancy discrimination relate to sex discrimination? In short, pregnancy discrimination is an unlawful form of sex discrimination. Our Palm Beach Gardens employment discrimination lawyers can explain in more detail.
Passage of the Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978, a federal law, was passed to amend Title VII of the Civil Rights Act of 1964 in order to “prohibit sex discrimination on the basis of pregnancy.” The language of the law expressly states, in relation to Title VII’s prohibition against discrimination on the basis of sex, that:
“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; and women 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.”
After the passage of the Pregnancy Discrimination Act and its amendment of Title VII, state laws prohibiting sex discrimination were either amended to include pregnancy discrimination, or were understood to include pregnancy discrimination as a form of sex discrimination. The Florida Civil Rights Act (FCRA) separately lists prohibitions against employment discrimination on the basis of sex or pregnancy, along with other protected groups.
What Protects Are Provided in State and Federal Laws Prohibiting Pregnancy Discrimination?
Prohibitions against pregnancy discrimination provide far more protections than merely prohibiting discrimination against a pregnant job applicant or employee. As the Equal Employment Opportunity Commission (EEOC) explains, pregnancy discrimination includes any adverse treatment based on any of the following for a job applicant or employee:
- Current pregnancy;
- Past pregnancy;
- Potential pregnancy;
- Medical condition related to pregnancy or childbirth;
- Breastfeeding or lactation;
- Having an abortion;
- Choosing not to have an abortion;
- Using birth control, or contraception; or
- Choosing not to use contraception.
If you have been treated in any adverse or unfair way by your employer for any of the above conditions, or if you believe an employer based an employment decision on any of the above, you should seek legal advice about filing a pregnancy discrimination claim.
Contact a Palm Beach Gardens Pregnancy Discrimination Lawyer for Help with Your Claim
If you experienced any language or behavior as a job applicant or an employee that seems like it might rise to the level of unlawful pregnancy discrimination, it is essential to seek legal advice about your case and your options. Pregnancy discrimination can sometimes be overt, but it can also be quite subtle and difficult to identify. It is important to have one of the experienced Palm Beach Gardens pregnancy discrimination attorneys at Sconzo Law Office assess your case for you. Contact us today to tell us more about your experience and to find out about moving forward with a pregnancy discrimination claim under state or federal law.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html
eeoc.gov/statutes/pregnancy-discrimination-act-1978