Legal Protections for Pregnant Women

There are numerous protections put in place by both federal and state laws for pregnant women. This can and should be comforting for most pregnant women. However, the unfortunate fact is that many of these laws are very limited in their scope and applicability.

The Pregnancy Discrimination Act of 1978 prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under this law, employers can't treat a woman differently because she is pregnant or has given birth. However, this law is inapplicable to things such as morning sickness and pregnancy related absences. For instance, a woman's employer can still fire her or force her to take unpaid leave if it is determined that her pregnancy is preventing her from doing satisfactory work.

The Pregnancy Discrimination Act explicitly prohibits an employer from passing a woman up for a job or promotion or firing her based solely on the fact that she is pregnant. The problem with this is that it is difficult, if not impossible, to prove. In order to receive relief under this law, a woman must prove that she was discriminated against based solely on the fact that she was pregnant. If her employer can offer any other reason the decision at issue was made, then the woman has no claim under the law.

The Family Medical Leave Act of 1993 (FMLA) allows women to take maternity leave without facing the risk that she will not be allowed to return to work afterwards. However, this law is very limited in its scope. First, the law is only applicable to companies which employ at least fifty workers within a seventy-five-mile radius. Second, the woman must work for a qualifying company for at least a year before the law applies. If either of these factors are not met, the law does not apply and the woman's employer is not obligated to provider her with any maternity leave.

If these factors are both met, then the woman's employer must give her twelve weeks of leave during her pregnancy and for child care each year that she is employed. During that leave, the woman is entitled to collect all benefits including health insurance usually allowed to employees on disability leave. Furthermore, when the woman returns from maternity leave she must be given an equivalent position with equal pay and benefits.

However, FMLA does not require that any of this maternity leave is paid, and whether the woman will receive any pay at all during her leave will depend entirely on her employer and the benefits receives as part of her employment.

State and local laws may offer some additional protection against pregnancy discrimination and the right to maternity leave. However, each state has a different set of laws, and many have even more limitations than federal law.

When you are pregnant, it is important to know your rights (and the limitations thereof) under the law. It is possible that federal and state laws may be expanded and modified to grant pregnant women and new mothers additional protections and rights in the future. You can contact your local representative for more information on how to get involved.