Employment Group

Under the Pregnancy Discrimination Act of 1978, employers must treat pregnant employees in the same manner as non-pregnant employees

The birth of a child is often referred to as one of life's most momentous occasions, an event that forever alters the makeup of a family. While one might expect that the announcement of a pregnancy would occasion only best wishes, the reality that many individuals face at work is something very different. To address this reality, the U.S. Congress passed the 1978 Pregnancy Discrimination Act (PDA), an amendment to the Civil Rights Act. The statute makes it unlawful for employers to discriminate against employees because of or on the basis of pregnancy, childbirth, or related medical conditions.

Hunter Tylo v. Spelling Entertainment Group and Spelling Television, Inc.
Television fans may remember the 1997 lawsuit initiated by actress Hunter Tylo against Spelling Entertainment Group and Spelling Television, Inc. The actress had been hired to appear on the hit television show "Melrose Place," but after Tylo informed the show's producers that she was pregnant, she was fired.

Tylo sued the producers of the nighttime soap opera asserting that she had been discriminated against on the basis of her pregnancy. She successfully argued that producers of the show could have used body doubles and other mechanisms to hide her pregnancy, as they had done for another star of the show. Instead of taking such measures, producers of the show terminated Tylo. After a jury verdict in Tylo's favor, the defendants were forced to pay the actress $4 million for emotional distress and $894,601 for economic loss. The outcome of this lawsuit demonstrates the severe consequences for an employer found to have discriminated against an employee in violation of the PDA.

Equal Treatment Under the Pregnancy
Discrimination Act (PDA)
The practical effect of the PDA is that pregnant employees must be treated in the same manner as employees suffering from other conditions that impose similar limitations on an individual's job performance. Employers must not, in other words, deal with pregnant employees less favorably than they deal with non-pregnant employees. Complying with these regulations can be complicated. While hiring and firing decisions may not be based on pregnancy related conditions, the law does not require employers to retain pregnant employees who are unable to perform their work functions. The Act states that pregnant employees must be permitted to work as long as they are able to perform their jobs.

Impact of the Family Medical Leave Act
In addition to gaining familiarity with the rights granted to pregnant employees pursuant to the PDA, employers should be aware of the requirements imposed upon them by the Family and Medical Leave Act (FMLA). The FMLA requires that covered employers provide eligible employees with a statutorily defined period of leave for the following reasons:

• The birth of a son or daughter and to care for the child;
• The placement of a child with the employee for adoption or foster care;
• The care of a spouse, son, daughter, or parent of the employee, who has a serious health condition; and,
• The serious health condition of the employee that makes the employee unable to perform the functions of his or her position.

Further, the statute provides that eligible employees are entitled to be reinstated to their former position or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, upon their return from leave. Exceptions to this reinstatement rule may apply if business circumstances have changed, and may apply for certain highly compensated employees under certain conditions.

Conclusion
Employees and employers should familiarize themselves with their rights and duties under the Pregnancy Discrimination and Family Medical Leave Acts. Understanding this legislation enables both to better plan for expected and unexpected leaves of absence.

MacElree Harvey
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