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The Pregnancy Discrimination Act (PDA) Of 1978

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Pregnancy Discrimination It is not uncommon today to see women in the work force. Women have been through many challenges to reach where they are today in the work force, such as sexual harassment, unequal pay and promotion issues. However, one challenge they face that Before the Pregnancy Discrimination act was passed, women could be forced to resign or take a leave of absence because of their pregnancy. The Pregnancy Discrimination Act (PDA) of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. The act is to prohibit employers (in companies that employ 15 or more people) from discriminating against workers based on pregnancy, child birth or related medical conditions. The act requires that pregnant women be treated the same way other employees or job applicants are treated. There are several conditions which an employer cannot do when it comes to women who are pregnant or have a pregnancy related condition. Employers cannot refuse to hire, fire, promote or keep a woman from working based on pregnancy. An employer must also treat pregnant women the same way he treats all temporarily disabled employees if she can no …show more content…

Women made up almost half of the work force, however only a small percent were able to have insurance plans that would allow sick leave for pregnancy related conditions. The energy for the Pregnancy Discrimination Act came from a 1976 Supreme Court Decision (General Electric v. Gilbert) where the court held that denying benefits for pregnancy related disability was not discrimination. Women and advocates from various organizations and groups joined together to form the Campaign to End Discrimination against Pregnant Workers in reaction to the Gilbert decision. In 1977, Congress was presented with the legislation to overturn Gilbert and amend Title VII. This passed one year later and the Pregnancy Discrimination Act was

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In the case of Gallina v. Mintz Levin, Gallina male co-workers were made discriminatory comments after finding out that she had a young child (Walsh, 2013). Gallina spoke with others in the firm and partners in another office firm (Walsh, 2013). The partners that shared the offices with Gallina were upset to hear that she had seeked others thoughts and opinions on the matter at hand (Walsh, 2013). Gallina was eventually terminated based terminated based upon the evaluations that were negative from the partners in her office, even though the other partner outside firm had given her great evaluations (Walsh, 2013). Gallina falls under a protected class through the Title VII, Civil Rights Act.

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In the case of Young v. UPS, Young presented facts to further prove UPS policies accommodate employees who were injured on the job, loss of Department of Transportation (DOT) certifications or disabilities covered by ADA. Young continued her argument by providing past incidents showing UPS has accommodated employees with work limitations similar to hers. UPS policies show discrimination against pregnant employees because of the lack of light duty assignments for pregnant employees and not non-pregnant employees. UPS argues Young did not fall into the categories of ADA, Department of Transportations or injuries occurred on the job, further explaining their polices of accommodation, drivers who are injured on the job, drivers who has lost their

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She got pregnant and had a child but there wasn’t any provision for maternity leave in her office. She took a month off, then arranged it so she would only work 3 days a week for the rest of the summer. Soon after she had her child it was deemed appropriate to have a 3 month maternity leave. She didn’t take advantage of the new policy and just kept on doing what she did. She was also introduced to a world of office prejudice from one of her first bosses who said “I was extremely skeptical about you; I didn’t think you should be hired and I didn’t want you in my bureau, because you’re a woman and I didn’t think you could handle our work.”

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Teacher Discrimination The Pregnancy Discrimination Act, (1978) amends Title VII of the Civil Rights Act of 1964 and makes discrimination based upon pregnancy, childbirth, or related medical conditions illegal sex discrimination' under Title VII. Under the law, a school district may not dismiss or demote a pregnant teacher based on her pregnancy, nor may a district deny a job or a promotion to a pregnant teacher on the base of her pregnancy. as part of Title VII of the Civil Rights Act, follows a comparison framework in evaluating discrimination claims. Courts look for “equal treatment” based on an evaluation of whether the employee claiming discrimination was treated less favorably in comparison to another employee who is “similarly situated” but for the characteristic that is the basis of the discrimination claim Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work

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In the article, "The (Not-So-Secret) War on Moms: How the Supreme Court Took Protections Away from Pregnant Workers" by Ariela Migdal, Ariela talks about the Supreme Court's decision 5-4 that an arrangement in the FMLA (Family and Medical Leave Act) giving specialists time off to watch over their own particular genuine wellbeing conditions, including pregnancy and labor, can't be implemented by state representatives in harms claims against their open managers. In Coleman v. Court of Appeals of Maryland unprotected open representatives of the privilege to occupation insurance when they have to require significant investment off while pregnant. Most of the Court concurred that the law was not advocated as a solution for an example of unlawful oppression ladies or pregnant specialists. Equity Ruth Ginsburg's contradiction was that the FMLA was drafted as sexually unbiased reaction to the way that past authoritative triumphs, including the Pregnancy Discrimination Act of 1978, which corrected the social equality laws to restrict work victimization pregnant laborers. Like before, pregnant specialists are as of now being pushed out of the work environment, pregnant laborers ought to remain at home, and ladies who take maternity leave pay an overwhelming cost for

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A correlation was made where an overworked, tired mother would not support a healthy, vigorous baby. Even though the laws set in place a number of benefits for the women, a number of these women saw it as a suppression of their

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This law prohibits companies and employers from paying men more than they pay women based on gender. Aside from the passing of this law, in 2019 the state passed the Texas Mother-Friendly Worksite program which essentially provides resources and support so that women have a more flexible environment allowing them to bring their kids to work at certain times to promote better work-life balance. This law forces companies to be more understanding with maternity leave and days off to care for their children if need

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Those speaking for the working class were strongly opposed, arguing that employed women needed special protections regarding working conditions and hours. In 1972, it passed both houses of Congress and was submitted to the state legislatures for ratification. It seemed headed for quick approval until Phyllis Schlafly mobilized conservative women

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After women won the vote, the leader of the National Woman’s Party believed that woman needed an amendment to stop all discrimination based on sex. It was introduced by Alice Paul in Congress in 1923 and then re-introduced in several different ways every year until 1971. In 1972, the ERA was finally passed the House and Senate. At that time, it was given 10 year extension. However, in 1973, Supreme Court decision Roe v. Wade activated a strong anti-feminist movement that opposed the goal of feminists who supported abortion rights and the ERA.

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Employers in both the private and public sectors benefit from the equal pay act of 1963 because Organizations that treat both male and female staff fairly may find an increase in productivity that comes from higher morale and employee commitment. These organizations may also find it easier to recruit and retain a skilled workforce as well as sustaining or improving their reputation because a transparent pay structure gives employees confidence that their pay is fair and non-discriminatory. Unlike the equal pay act and title vii of the civil rights act the PDA has been far less enforced. The pregnancy discrimination act was brought into light in 1978 to stop the discrimination against any woman that are pregnant but believe it or not, too many employers are still refusing to comply with pregnant workers' requests for temporary accommodations at work based on medical needs. The EEOC statistics on pregnancy discrimination show that pregnant women are being discriminated against more than ever.

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Despite the continuation of the gender pay gap and other acts of discrimination in the workforce, laws have been created to try and decrease this gap and provide protection to those who may face various forms of discrimination at work. One such law that provides protection against wage discrimination in the workforce, would be the Equal Pay Act of 1963 (EPA). The EPA is an amendment to the Fair Labor Standards Act (FLSA) which was responsible for creating a right to minimum wage, and overtime pay, if an employee worked over forty hours a week (“Equal pay Act of 1963”). The EPA states that “No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than at which he pays wages to employees

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If a man were to do this to a woman, society would go further and beyond to make a point so why does this case make it no different. In another case, " Michael Silvka...sued ...when they announced that they do not hire men in the obstetric ward due to concerns for patient privacy, staffing, and quality of care"(Legal Eagle Eye Newsletter for the Nursing Profession). In result of this action, it can be evaluated that the hospital is breaking the 13th Amendment which explores that there should be no discrimination based on sexes. The unfairness of the situation is that there is no attention drawn to this issue. It grows an effect on anyone whether it be a man or woman who wants to be in

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Leading to the policy being approved in 1994. Then, President Clinton signed the Violence against Women Act into law. (Rand,

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