When she was three months pregnant, Germaine's supervisor told her that she would not receive a bonus.
Because the pregnancy was not obvious and the evidence indicated that the decision makers did not know of Germaine's pregnancy at the time of the bonus decision, there is no reasonable cause to believe that Germaine was subjected to pregnancy discrimination.
When Maria returned to work, her supervisor said her body was trying to tell her something and that he needed someone who would not have attendance problems. The investigation reveals that Maria's attendance record was comparable to, or better than, that of non-pregnant co-workers who remained employed.
OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014.
Most of this revised guidance remains the same as the prior version, but changes have been made to Sections I. C.1 (Light Duty) in response to the Supreme Court's decision in Congress enacted the Pregnancy Discrimination Act (PDA) in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). employees over other employees.'" By enacting the PDA, Congress sought to make clear that "[p]regnant women who are able to work must be permitted to work on the same conditions as other employees; and when they are not able to work for medical reasons, they must be accorded the same rights, leave privileges and other benefits, as other workers who are disabled from working." on the basis of pregnancy, childbirth, or related medical conditions; and 2) Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.
Title I of the ADA protects individuals from employment discrimination on the basis of disability, limits when and how an employer may make medical inquiries or require medical examinations of employees and applicants for employment, and requires that an employer provide reasonable accommodation for an employee or applicant with a disability.
While pregnancy itself is not a disability, pregnant workers and job applicants are not excluded from the protections of the ADA.