Sexual Equality under the Pregnancy Discrimination Act

1983 ◽  
Vol 83 (3) ◽  
pp. 690 ◽  
Author(s):  
Andrew Weissmann
1987 ◽  
Vol 13 (1) ◽  
pp. 71-104
Author(s):  
Scott A. Caplan-Cotenoff

AbstractWorking women are without substantial protection from the ramifications of pregnancy discrimination, and the opportunities for working men to take leave from work to participate in child care are limited. Recently, private businesses have begun implementing maternity or parental leave policies to address these problems. These policies are inconsistent, however, and a national parental leave program is needed to help women attain equal access to jobs and to provide men with the opportunity to participate in child care.This Note examines the historical background of pregnancy discrimination litigation and legislation, and highlights the gaps in the protection currently afforded women. It suggests that a federal parental leave policy may expand the scope of this protection, and attempts to gain insight and draw conclusions from analogous parental leave programs in foreign countries which may be used as models for a national program in the U.S. Such a program would benefit parents, children, and society by removing some of the obstacles to sexual equality.


Affilia ◽  
2016 ◽  
Vol 32 (2) ◽  
pp. 188-201
Author(s):  
Elizabeth Palley

This article makes the case that social workers and social welfare advocates need to be aware of pregnancy discrimination law to better advocate for individual clients and for changes in the existing law. It is one piece of gender discrimination and inequity. This article reviews the current law around the Pregnancy Discrimination Act of 1978, including the recent holding in Young v. UPS and other relevant case law. It also reviews recent changes made by the Affordable Care Act and the Americans with Disabilities Act as well as related state laws designed to address pregnancy discrimination.


1985 ◽  
Vol 11 (3) ◽  
pp. 369-390
Author(s):  
Laurence S. Moelis

Abstract“Fetal vulnerability programs,” which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.


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