Pregnancy Discrimination Act

It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy.

[5] The law was passed as a direct response to the United States Supreme Court decision in General Electric Company v. Gilbert (1976), in which the Court held that pregnancy discrimination was not a form of sex discrimination under the Civil Rights Act of 1964.

[7] The lawsuit stemmed from United Parcel Service's refusal to accommodate a 20-pound lifting restriction of a driver during her pregnancy.

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 light duty, modified tasks, alternative assignments, disability leave, or leave without pay.

An employer may have to provide a reasonable accommodation for a disability related to pregnancy, absent undue hardship (significant difficulty or expense).

"[10] The Geduldig v. Aiello (1974) case involved a pregnant woman who was denied medical benefits under her disability insurance, citing the Fourteenth Amendment, and claiming sex discrimination.

[12] General Electric v. Gilbert (1976) in many ways was influenced by the decision of Geduldig v. Aiello, as the Supreme Court again found no evidence of discrimination.

Specifically, in General Electric v. Gilbert the Supreme Court ruled that it was legal for employers to exclude pregnancy-related conditions from employee sickness and accident benefits plans.

She was denied compensation by the California Unemployment Insurance Appeals Board because they did not recognize pregnancy or related medical complications as a disability.

On giving notice of her intent to return to work, she was informed that her job was now held by someone else and that there were not equivalent available positions for her.

She struggled with morning sickness and also was given a doctor's note restricting her from lifting more than 25 pounds, a task rarely assigned to her position.

Her district manager put her on paid leave for two-weeks, but after learning of the doctor's note, told her she could not work until she had delivered her baby and that there was no guarantee of her job being there when she returned.

While lifting, she began to bleed, and upon telling her boss she was told to go back to work, and later learned she had suffered a miscarriage.

[20] Some Liberal Feminists argue that asking for too much under the PDA would actually lead to unequal compensation, and would put pregnant workers in the position of losing benefits of the Act all together.

Many theorists and activists are pushing to change the language of the PDA to make sure that all gender identities will be protected.

[23] Many feminists of all backgrounds argue that all of these issues could be avoided if the constitution were to include the Equal Rights Amendment (ERA).

The ERA "was a proposed amendment to the United States Constitution designed to guarantee equal rights for women."