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Diversity Paper: Pregnancy Discrimination Act

Info: 2317 words (9 pages) Law Essay
Published: 4th Dec 2020

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Diversity Paper: Pregnancy Discrimination Act 

Abstract

The Pregnancy Discrimination Act is one of the subjects that focuses on pregnant women and their rights in the workforce. Often times women find themselves discriminated against for multiple reasons. Therefore, fighting for laws such as the Pregnancy Discrimination Act in and out of the workforce is extremely important. Furthermore, being a social worker and understanding how to ethically handle situations that involve pregnant women is imperative information.

Keywords:  women, ethics, discrimination

Diversity Paper: Pregnancy Discrimination Act 

As the ascent of the cutting edge age monetary endurance has gotten hard for families dependent on a solitary pay. This financial need alongside present day frames of mind toward sexual orientation equity has brought about ladies being spoken to in the workforce in more noteworthy numbers. Notwithstanding, until the 1960's ladies confronted extreme segregation when attempting to enter and keep up a situation in the workforce. Frequently qualified women would be disregarded for men with less experience and instruction. Bosses were dreadful that women were too passionate and were not prepared to deal with the pressure of the workplace. Likewise driving the choice to not contract or advance women was the worry over the extra social insurance costs and leave time pregnant representatives would require. The street to rise to treatment led Title VII. While Title VII offered women some projection against separation in the workforce the equivocalness of the law would anticipate assurance on one key region: not of women in the workforce would start with the section of Civil Rights Act of 1964, explicitly the part antipregnancy. The enactment that would expel the last unfair detour to women in the workforce would originate from the section of the Pregnancy Discrimination Act of 1978. This pivotal demonstration would expand the inclusion of Title VII and avoid separation of women in work because of a pregnancy and pregnancy related confusions. While the law may have originated from a disputable choice by the Supreme Court.

 Part I

The Pregnancy Discrimination Act (PDA) is a revision to Title VII of the Civil Rights Act of 1964. Segregation based on pregnancy, labor, or related ailments establishes unlawful sex separation under Title VII. Women endured by pregnancy or related conditions must be treated in a same way as different candidates or representatives who are comparable in their capacity or failure to work. The initial move towards the section of the Pregnancy Discrimination Act started with the production of another bit of hostile to separation enactment, the Civil Rights Act of 1964. Principally the Civil Rights Act was made as an endeavor to anticipate the unmitigated segregation happening over all parts of American culture. Inside the Civil Right act was a segment entitled Title VII which was made explicitly to manage matters of work. Title VII's goal is to anticipate segregation dependent on an individual's shading, national root, sex, and religion with respect to all parts of work. This assurance starts with the underlying phases of contracting and preparing representatives and stretches out up to advancements and rejections of a workers. On the off chance that an individual had a place with one of the gatherings laid out by Title VII they got delegated an individual from a secured class. (Bohlander and Snell, 101) With the foundation of sex as an ensured class the establishment of the Pregnancy Discrimination Act had been laid yet it would take fourteen years before pregnancy itself would get secured.

Part II

The requirement for the new law to be set up started with the clashing results originating from the different degrees of the court framework. The courts differ on what established sex segregation. Six diverse United States Courts of Appeals had decided for pregnant ladies saying that any business demonstration that would antagonistically influence a pregnant lady was sex separation as laid out by Title VII of the Civil Rights Act. Supporting this position was the perspective on the Equal Opportunity Employment Commission who likewise concurred that separation dependent on a pregnancy would be viewed as sex segregation. Be that as it may, the United States Supreme Court would change the entirety of that with its decision in two separate court cases: General Electric Company v. Gilbert and Geduldig v. Aiello. Geduldig v. Aiello would turn into the principal major Supreme Court case relating to whether pregnancy was secured under the sex segregation proviso of Title VII. For this situation the offended parties were suing the territory of California because of its avoidance of pregnancy from secured inabilities. The offended parties contended that by barring pregnancy from the secured inabilities California was abusing the Equal Protection Clause of the United States Constitution. The Court would in the end decide for the province of California saying "only one out of every odd condition triggers the commitment to pay" (Dana, 29). Moreover the court would state that no hazard ought to be secured except if it applied to the two sexes. While the consequences of this case were agitating it would not be till the Supreme Court's choice in the General Electric Co. v. Gilbert that pregnant ladies would be given the greatest hit to their motivation. General Electric, needing to give an increasingly far reaching arrangement for assistance, started offering inability inclusion for wounds and ailments that had happened that were non-business related. Soon after female representatives started attempting to makes claims with this strategy because of a brief handicap coming about because of a pregnancy. The ladies were denied inclusion and would continue to bring a class activity suit against General Electric charging a sex segregation infringement of Title VII. The Supreme Court would in the long run decide for General Electric. This choice would be based the Supreme Court's very own decision in the previous instance of Geduldig v. Aiello in which the advantage plan being referred to was like the one General Electric had initiated. Based on the decision in the General Electric v. Gilbert case various lower court choice on what established sex segregation would be overruled. This case would cause disturbance inside the court. Two Justices would differ with the choice the Court had passed on. Equity Brennan would go on to unyieldingly voice his conflict with the case and would proceed to advocate for the benefit of ladies in the work power. The outcomes for this situation would provoke Congress to make a move. This case had shown an evident need to modify the significance of what establishes sex separation and give a reasonable and brought together controlling for the court framework. (Dana 27-41)

Part 3

Gone into law by Congress on October 31, 1978 the Pregnancy Discrimination Act would change Title VII of the Civil Rights Act and give the truly necessary lucidity to the meaning of sex segregation. (US Equal Opportunity Employment Commission) As it is a change to Title VII the overseeing standards with regards to the utilization of the law are equivalent to those laid out in the first Civil Rights Act. For the decision to be pertinent the business must fall into any of the accompanying classifications: a business must have at least fifteen representatives, government workers at any level, and business organizations. The law viably makes pregnancy, pregnancy related ailments, and labor an ensured class. All women who are as of now utilized or are looking for work are secured under the Pregnancy Discrimination act. The Pregnancy Discrimination Act makes it unlawful to oppress workers who are pregnant or plan to get pregnant in any part of business which incorporates such zones as procuring, preparing, end, advantages, and advancement. For whatever length of time that the woman is fit for playing out the basic elements of a vocation and is equipped for the position she should permitted to play out the position paying little mind to her pregnancy. On the off chance that an organization at present has a brief inability plan set up pregnant ladies may look for inclusion under that arrangement should an inconvenience emerge from their pregnancy that would make them become incidentally incapable to work. This would incorporate having the option to get handicap leave or leave without pay as indicated by the organization strategy. In the event that a business accommodates a light obligation choice for some other kind of incapacity they should do as such if a pregnant representative would require light obligation. Moreover businesses are required to make any sensible settlement to take into consideration a pregnant worker to fill in as long as it doesn't present an undue weight to the businesses. The organization must hold the position open for a time of a quarter of a year while after the kid has been conceived and the lady is on maternity leave. Managers must give pregnant representatives a similar medical coverage inclusion as every single other worker and may not request that the pregnant worker pay more than a non-pregnant worker. On the off chance that an organization gives incidental advantages to other crippled representatives they should likewise do as such from pregnant workers. (Johnson and Everhart, p203-206)

Part IV.

The Pregnancy Discrimination Act has given assurance to numerous pregnant workers a few issues have emerged that make a requirement for development to the demonstration. The issues start with the vague language in which the rules of the Pregnancy Discrimination Act are composed. At the point when offended parties have documented cases under the Pregnancy Discrimination Act the courts have given blended outcomes. The issues the obscure rules make previously got recognizable upon the improvement of barrenness medicines. The courts were accused of the errand of deciding if boss give protection plans ought to be required to cover barrenness medications for ladies who were not able consider a kid under regular conditions. In the Eight Circuit Court of Appeals instance of Krauel v. Iowa Methodist Medical the court decided that barrenness medications were outside the extent of the Pregnancy Discrimination Act and along these lines didn't need to be secured by manager gave protection. This depended on the way that their translation of what established pregnancy and pregnancy related ailment just happened after the origination of a youngster. On the other hand on account of Pacourek v. Inland Steel Company the Northern Illinois District Court decided that the barrenness medicines would fall under the extent of the Pregnancy Discrimination Act. Issues have additionally emerged concerning whether contraception ought to be required to be a piece of a physician endorsed medication plan, with some court's decision contraception ought to be incorporated and others against the consideration of contraception. (Dana 32-33)

Part 5

While the Pregnancy Discrimination Act is in no way, shape or form impeccable it has surely prepared for the moral and reasonable treatment of women who get pregnant and stay in the workforce. Another factor that could profit by explanation is the necessities around ascertaining retirement benefits for representatives who have been on maternity leave. Certain organizations were excluding the time a woman was out on maternity leave towards her retirement advantages or administration credit. This has brought about a few cases being brought under the eyes of the courts asserting this was a type of sex discrimination and secured by the Pregnancy Discrimination Act. As a social worker we should understand women are still breaking discriminative barriers throughout the workforce. Social workers should understand that ethical laws could better assist with helping ones who’s experience discriminative behaviors. I would suggest creating a survey to women throughout the workforce who has been or is currently pregnant questioning their thoughts on pregnancy equality.

References

  • Bohlander, George, and Scott Snell. Managing Human Resources. 16th ed. Canada: South-
    Western Cengage Learning, 2013. Print.
    www.nationalpartnership.org › our-work › resources › economic-justice
  • https://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/pregnancy-discrimination-act/
    Johnson, Shannon, and Berit Everhart. "Chapter 16: The Pregnancy Discrimination Act (PDA)."
    A to Z Guide to Federal Employment Laws for the Small Business Owner. 203-206. n.p.:
    Atlantic Publishing Company, 2009. Small Business Reference Center. Web. 6 Dec. 2013.
    US. Equal Employment Opportunity Commission. The Pregnancy Discrimination Act of 1978.
  • www.eeoc.gov
  • https://www.dol.gov/agencies/oasam/civil-rights-center/internal/policies/pregnancy-discrimination
  • https://www.jurist.org/archives/feature/background-for-pda/
  • https://www.americanprogress.org/issues/women/news/2018/11/02/460353/efforts-combat-pregnancy-discrimination/

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