When it comes to pregnancy in the workplace, most employers think of maternity leave rights under the Family and Medical Leave Act of 1993 or the prohibition against discrimination based on pregnancy under the Pregnancy Discrimination Act of 1978.
Many do not realize that the PDA actually has two clauses. The first clause provides, “unlawful sex discrimination includes discrimination because of pregnancy, childbirth, or related medical conditions.” The second clause states, “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes … as other persons not so affected but similar in their ability to work.” The second clause contemplates an employer’s obligations with respect to a pregnant employee who desires to continue performing services during her pregnancy.
