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ABA Family Legal Guide

Law and the Workplace

On the Job

Discrimination Based on Gender

May an employer refuse to hire an applicant because she is pregnant, or fire a worker who becomes pregnant?

No. The Pregnancy Discrimination Act prohibits employment discrimination based on pregnancy.

Side Bar -Discrimination Based on Pregnancy

In 1978, Congress passed the Pregnancy Discrimination Act, amending Title VII so that the prohibition against sex discrimination includes discrimination because of pregnancy, childbirth, and related medical conditions. Thus, an employer cannot base employment decisions on the fact that a worker is pregnant. Moreover, the employer must treat pregnancy in the same way as it would treat any other non-work-related employee medical condition.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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