Pregnancy Discrimination Essay

Congress amended Title VII in 1978 by passing the Pregnancy Discrimination Act and made it clear that discrimination based on pregnancy is unlawful sex discrimination. This legislation reversed the Supreme Court's Gilbert decision in 1976. Congress passed the Civil Rights Act of 1991 which overruled several Supreme Court decisions rendered in the 1980s that had made it more difficult for plaintiffs to prevail in their employment discrimination suits and to recover fees and costs when they won their lawsuits (www.eeoc.gov). The amendment stated that parties can request jury trials and those successful plaintiffs can recover compensatory and punitive damages in employment discrimination cases. This amendment has

Still, many people believe that women should not be given this right. They argue that the fetus growing inside her also has rights and that they should be protected.

You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.

Currently, the United States is the only industrialized country without a statute requiring all employers to provide some kind of paid time off for its employees to care for a newborn or a sick loved one. Data gathered from 38 member countries of the Organization for Economic Co-operation and Development (OECD) support this claim. Figure 1 shows the member countries and the length of maternity leave provided to all employees.

On February 5, 1993 Public Law 103-3 103d Congress also to be known as the Federal Medical Leave Act of 1993 (FMLA) was made into a federal law by the Senate and the House of Representatives of the United States of America. [1]

Facts of the Case: LaNisa Allen appealed the original judgment in favor of Totes/Isotoner Corporation on the issue of whether the Ohio Fair Employment Practices Act, as amended by the Pregnancy Discrimination Act, prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on the basis of pregnancy,” or whether she “was simply and plainly terminated as an employee at will for taking an unauthorized, extra break.” Allen’s original complaint was termination attributable to discrimination, based on pregnancy and related

The change in policy that allows women and men to bring their newborn children to work with them is, in a sense, just one more change in our country norms and values. At one point leaving your child with a baby sitter or at a daycare center all day was considered being a bad parent, meaning it was the norm to stay home and take care of your child yourself. Then, as divorce rates went up and more women were forced to raise their children on their own, that changed and it became the norm for women to go back to work after a set time for maternity leave. This also made sending you child to a daycare center or leaving them with a babysitter the norm since you couldn’t be there to take care of your child. With women being allowed to bring their babies into work with them, that is again changing the norms of society, specifically those having to do with the care of children. Women used to be given a hard time when they brought their children into work with them, even if it was only for a matter of minutes. Now many of them are allowed to bring their children in for a whole day, every day. This is enabling women to care for their own children and raise them in their own way with their own values, instead of entrusting those important responsibilities to someone else. Mothers are also forming a closer bond with their children in an important time in a child’s development. This will lead to a stronger bond later

There had to be a long fight to get the Pregnancy Discrimination Act passed in 1978 to ensure that having a baby was part of their benefits from work.

The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats, Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5, 1993. The Act required employers with fifty or more employees within a seventy-five mile radius to offer eligible employees up to twelve weeks of unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage; employee

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

Recently women’s rights and women’s equality in the workplace has come back to the fore as a topic for discussion in government agencies and the United Nations. Whilst this is a very important topic, when it comes to time off from work when a new child is born, women in the US have some provision, whereas men have none.

The need for the new law to be established began with the conflicting outcomes coming from the various levels of the court system. The courts disagreed on what constituted sex discrimination. Six different United States Courts of Appeals had ruled in favor of pregnant women saying that any employment act that would adversely affect a pregnant woman was sex discrimination as outlined by Title VII of the Civil Rights Act. Supporting this position was the view of the Equal Opportunity Employment Commission who also agreed that discrimination based on a pregnancy would be considered sex discrimination. However, the United States Supreme Court would change all of that with its ruling in two separate court

When an employee has a baby they could be eligible for maternity leave and maternity pay. You have the right to maternity leave regardless of how long you've been in your job, how many hours you work, or how much you're paid. This is also the case for antenatal appointments. You are legally entitled to reasonable paid time off to attend antenatal appointments. Employees must take a minimum of 2 weeks off work (or 4 weeks if they are a factory worker).

In a precedent-setting decision in 2000, the state Supreme Judicial Court of Massachusetts upheld a superior court ruling in Carmichael Vs. Wynn & Wynn noting in the text that "discriminatory animus was a factor in the decision not to hire a pregnant woman."

-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)