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An employee may claim she was subjected to discrimination based on past pregnancy, childbirth, or related medical conditions.
The language of the PDA does not restrict claims to those based on current pregnancy.
It is reasonable to conclude that her discharge was attributable to the supervisor's stereotypes about pregnant workers' attendance rather than to Maria's actual attendance record and, therefore, was unlawful.
Darlene, who is visibly pregnant, applies for a job as office administrator at a campground.
Thus, the PDA extended to pregnancy Title VII's goals of "'[achieving] equality of employment opportunities and remov[ing] barriers that have operated in the past to favor an identifiable group of . In the years since the PDA was enacted, charges alleging pregnancy discrimination have increased substantially.
In fiscal year (FY) 1997, more than 3,900 such charges were filed with the Equal Employment Opportunity Commission (EEOC) and state and local Fair Employment Practices Agencies, but in FY 2013, 5,342 charges were filed.
The issues most commonly alleged in pregnancy discrimination charges have remained relatively consistent over the past decade.
Part I of this document provides guidance on Title VII's prohibition against pregnancy discrimination.
It describes the individuals to whom the PDA applies, the ways in which violations of the PDA can be demonstrated, and the PDA's requirement that pregnant employees be treated the same as employees who are not pregnant but who are similar in their ability or inability to work (with a particular emphasis on light duty and leave policies).
In 2008, a study by the National Partnership for Women & Families found that pregnancy discrimination complaints have risen at a faster rate than the steady influx of women into the workplace.
Moreover, the study found that much of the increase in these complaints has been fueled by an increase in charges filed by women of color.