This section of the EEOC refers to the unfavorable treatment of a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act of 1978, added to the Civil Rights Act of 1964, is enforced by the EEOC. The female who is unable to perform her job owing to pregnancy must be treated the same as other temporarily disabled employees. For example, modified tasks or alternative assignments should be offered. This law refers not only to hiring but also to firing, pay, job assignments, promotions, layoffs, training, and fringe benefits. In addition to this law against discrimination of pregnant women, theFamily and Medical Leave Act (FMLA) is enforced by the US Department of Labor. 1 The FMLA requires companies with fifty or more employees to provide twelve weeks of unpaid leave for the following:
- Birth and care of a newborn child
- Care of an adopted child
- Care for immediate family members (spouse, child, or parent) with a serious health condition
- Medical leave for the employee who is unable to work because of a serious health condition
In addition to the company size requirement, the employee must have worked at least 1,250 hours over the past 12 months.