PDA

Pregnancy Discrimination Act of 1978 (PDA)

USA

A federal law amending Title VII of the Civil Rights Act of 1964 (Title VII). It expands the coverage of sex discrimination under Title VII to include discrimination on the basis of pregnancy, childbirth and related medical conditions. The phrase "related medical conditions" is subject to judicial interpretation, and may include infertility and abortion.

It prohibits employers from discriminating against covered employees in the terms and conditions of employment, including:

• Hiring.

• Compensation.

• Employment benefits.

• Advancement.

• Employment training.

• Assignments.

• Termination of employment.

The PDA also prohibits harassment (see Practice Note, Harassment (www.practicallaw.com/9-502-7844)) and retaliation (see Practice Note, Retaliation (www.practicallaw.com/5-501-1430)). It also requires that employers treat employees, who are temporarily unable to perform job functions because of pregnancy or related medical conditions, the same as other employees who are temporarily disabled. Equal treatment includes holding positions open for pregnancy-related leave for the same time period as for disability or sick leave.

For more information on discrimination, see Practice Note, Discrimination Overview (www.practicallaw.com/3-503-3975).