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Title I of the ADA protects individuals from employment discrimination on the basis of disability, limits when and how an employer may make medical inquiries or require medical examinations of employees and applicants for employment, and requires that an employer provide reasonable accommodation for an employee or applicant with a disability.
While pregnancy itself is not a disability, pregnant workers and job applicants are not excluded from the protections of the ADA.
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.
Employment decisions based on such stereotypes or assumptions violate Title VII.
Three months after Maria told her supervisor that she was pregnant, she was absent several days due to an illness unrelated to her pregnancy.
Because the pregnancy was not obvious and the evidence indicated that the decision makers did not know of Germaine's pregnancy at the time of the bonus decision, there is no reasonable cause to believe that Germaine was subjected to pregnancy discrimination.
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.
Adverse treatment of pregnant women often arises from stereotypes and assumptions about their job capabilities and commitment to the job.
For example, an employer might refuse to hire a pregnant woman based on an assumption that she will have attendance problems or leave her job after the child is born.Soon after, pregnancy complications kept her out of the office for two additional days.