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Pregnancy Discrimination
The
Pregnancy Discrimination Act is an amendment to Title VII of the
Civil Rights Act of 1964. Discrimination on the basis of pregnancy,
childbirth or related medical conditions must be treated in the same
manner as other applicants or employees with similar abilities or
limitations.
IMPORTANT FACTS ABOUT PREGNANCY
DISCRIMINATION:
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An
employer cannot refuse to hire a woman because of pregnancy related
condition as long as she is able to perform the major functions or her
job. An employer cannot refuse to hire her because of its prejudices
against pregnant workers or the prejudices of co-workers, clients or
customers.
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An
employer may not single our pregnancy related conditions for special
procedures to determine an employee's ability to work. However, an
employer may be use any procedure used to screen other employees'
ability to work. For example, if an employer requires it employees to
submit a doctor's statement concerning their inability to work before
granting leave or paying sick benefits, the employer may require
employees affected by pregnancy related conditions to submit such
statements.
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If an
employee is temporarily unable to perform her job due to pregnancy,
the employer must treat her the same as any other temporarily disabled
employee; for example, by providing modified tasks, alternative
assignments, disability leave or leave without pay.
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Pregnant
employees must be permitted to work as long as they are able to
perform their jobs. If an employee has been absent from work as a
result of pregnancy related condition and recovers, her employer may
not require her to remain on leave until the baby's birth. An employer
may not have a rule which prohibits an employee from returning to work
for a predetermined length of time after childbirth.
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Employers
must hold open a job for a pregnancy related absence the same length
of time jobs are held open for employees on sick or disability leave.
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Any health
insurance provided by an employer must cover expenses for pregnancy
related conditions on the same basis as costs for other medical
conditions. Health insurance for expenses arising from abortion is not
required, except where the life of the mother is endangered.
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Pregnancy
related expenses should be reimbursed exactly as those incurred for
other medical conditions, whether payment is on a fixed basis or a
percentage of reasonable and customary charge basis.
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The
amounts payable by the insurance provided can be limited only to the
same extent as costs for other conditions. No additional, increased or
larger deductible can be imposed.
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If a
health insurance plan excludes benefit payments for pre-existing
conditions when the insured's coverage becomes effective, benefits can
be denied for medical costs arising from an existing pregnancy.
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Employers
must provide the same level of health benefits for spouse of male
employees as they do for spouse of female employees.
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Pregnancy
related benefits cannot be limited to married employees. In an
all-female workforce or job classification, benefits must be provided
for pregnancy related conditions if benefits are provided for other
medical conditions.
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If an
employer provides any benefits to workers on leave, the employer must
provide the same benefits for those on leave for pregnancy related
conditions.
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Employees
with pregnancy related disabilities must be treated the same as other
temporarily disabled employees for accrual and crediting of seniority,
vacation calculation, pay increased and temporary disability benefits.
If you
believe that you have been the victim of pregnancy discrimination,
contact our office, anytime, at 800-437-2571 for a free, no
obligation consultation with one of our qualified employment law
attorneys to determine if you have a potential discrimination lawsuit or
use our convenient "Do I have a case?"
submission form.
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