pregnancy discrimination in the workplace

Protecting Against Pregnancy Discrimination

When you’re discriminated against for being pregnant, you’re also being discriminated against because of your gender. It’s important to contact a Dallas employment attorney if you are experiencing pregnancy discrimination in the workplace. Pregnancy does not and should not have an impact on your work product; thus, Congress had to instate the Pregnancy Discrimination Act (PDA) as a 1978 amendment to Title VII of the Civil Rights Act of 1964 to make this explicit. The purpose of the amendment was to combat those who wished to discriminate against women by veiling it as discrimination of a temporary status: pregnancy. In all, the PDA is an incredibly important piece of the law for preventing pregnancy discrimination in the workplace. Discriminating based on pregnancy is sex discrimination which fits into the language of Title VII but, thankfully, is made explicit by this amendment.

One case that shows why the PDA is so important is Geduldig v. Aiello. 417 U.S. 484 (1974). That case held that a state law barring pregnancy-related benefits for common work disability was constitutional. The Court rationalized that pregnancy was an objective characteristic distinct from sex and, thus, distinct from sex discrimination. Id. at 496 n.20. This case was followed by General Elec. Co. v. Gilbert held in 1976 that pregnancy discrimination was still not covered by Title VII sex discrimination. 429 U.S. 125 (1976). These two cases are clearly no longer good law and have become a focal point for describing why some laws need to be explicit to prevent pregnancy discrimination in the workplace. Failures by the Supreme Court, such as in Gilbert and Geduldig, show why the PDA was a necessary, explicit amendment to Title VII. 

We have prepared a three-part series on pregnancy discrimination: Pre, During, and Post Pregnancy. We will post these blogs over the next two weeks. If you believe you have been the victim of pregnancy discrimination or some other form of gender discrimination, please contact a Dallas employment attorney. 

MEDIA

Rogge Dunn Files Lawsuit on Behalf of Former Corporate President Over Confidentiality Breach
READ MORE
Rogge Dunn Represents Former Copart Executive in Gender Discrimination Lawsuit
READ MORE
Rogge Dunn Named to Lawdragon’s 500 Leading Corporate Employment Lawyers for 2025.
READ MORE
TRO Victory: Collin Quigley Secures Court Win for Physician Client
READ MORE
Rogge Dunn – Fox 4 News Resource
READ MORE
Rogge Dunn Featured in Lawdragon: The Power of Persuasion in Trial Law
READ MORE
Attorney Rogge Dunn on “Skip a Payment” Mortgage Refinancing Scheme with D Magazine
READ MORE
Renowned Attorney Rogge Dunn Discusses Landmark RICO Lawsuit Against GlobalTranz on 2 Dawgs 1 Podcast
READ MORE
Rogge Dunn Named to D CEO Hall of Fame in Lawyer Category.
READ MORE
Rogge Dunn on Deferred Pay Battle Heats Up As Ex-Merrill Advisors Lob Fresh Claims
READ MORE
The Psychology of Persuasion with Rogge Dunn
READ MORE
Celebrating Dallas: A Love Letter from Rogge Dunn
READ MORE
Dept. of Labor enacts new Fiduciary Rule for Retirement Accounts
READ MORE
Rogge Dunn Interviewed on KPRC2 Houston: Can employers force you to use PTO for time they were closed/without power due to Hurricane Beryl?
READ MORE
Exclusive: Ex-head golf coach files age discrimination lawsuit against TCU
READ MORE
Financial Advisor Says Fidelity Fired Him for Reporting Securities Violations
READ MORE

Contact Us Today!

Contact us to learn how we can help answer your legal questions.

FILL OUT FORM