SCOTUS Will Hear Pregnancy Discrimination Case Next Term
The US Supreme Court will decide next term whether the Pregnancy Discrimination Act (PDA) requires an employer to provide workplace accommodations to pregnant employees if that employer also provides comparable accommodations to non-pregnant employees who become temporarily unable to perform their jobs without the accommodation.
The passage of the Pregnancy Discrimination Act in 1978 was championed by the National Organization for Women (NOW) and Eleanor Smeal, then-president of NOW. The PDA explicitly recognizes discrimination against pregnant women as a form of sex discrimination and prevents employers from legally discriminating against pregnant women in hiring, firing, pay, job assignments, career development, or benefits. The PDA expanded economic opportunities for women, helped women maintain job stability, protected women against lost wages and costs associated with job loss, and contributed to families overall financial well-being. Yet, pregnancy discrimination in the workplace persists. A report released last summer by the National Women's Law Center (NWLC) demonstrates that many pregnant women are not given even basic accommodations during pregnancy, and many pregnant workers-especially those in lower-paying jobs or jobs traditionally held by men-are fired or forced to take unpaid leave when they request these adjustments.
"It's time to put the Dark Ages behind us. Women are still losing their jobs because of pregnancy." Employers routinely accommodate non-pregnancy-related disabilities as a matter of course, but pregnant workers are still second-class citizens in too many workplaces," said Emily Martin, NWLC Vice-President and General Counsel. "If a worker has a medical need for accommodation because of pregnancy, all too often she is forced to make an impossible choice: risk her own health and pregnancy to keep a job, or lose her income at the moment she can least afford it. These women and their families pay a steep price. It's time for the Supreme Court to clarify the law and put a stop to employers pushing pregnant workers out of work."
President Obama at the White House Summit on Working Families last month also called on Congress to act on the Pregnant Workers Fairness Act (PWFA), which would clarify that pregnant employees are guaranteed the same workplace protections that are in place for other workers temporarily unable to perform job duties without reasonable accommodations. The PWFA would also prohibit an employer from forcing a pregnant worker to use unpaid leave if she is able to work with a reasonable accommodation.
Media Resources: Washington Post 7/3/14; National Women's Law Center 7/2/14; Think Progress 7/2/14; SCOTUS Blog 7/1/14; Feminist Newswire 2/3/14; Feminist Majority 10/31/13; NBC Washington 5/17/13;
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The state's Superior Court also struck down a Department of Health and Social Services regulation that placed narrow specifications on Medicaid coverage for abortions, requiring that Medicaid-funded abortions be determined by a physician to be "medically necessary." Last year, the Center for Reproductive Rights, the American Civil Liberties Union, and Planned Parenthood sued on behalf of the Planned Parenthood of the Great Northwest, claiming that the narrow definition of "medically necessary" arbitrarily established conditions designed to restrict the ability of low-income women to access abortion services.
The law was temporarily blocked last July by an Alaskan state court judge.
Superior Court Judge John Suddock ordered yesterday that the state be blocked from implementing this regulation, ruling that it placed an undue burden on low-income women seeking abortion services in Alaska.
"By providing health care to all poor Alaskans except women who need abortions, the challenged regulation violates the state constitutional guarantee of 'equal rights, opportunities, and protection under the law'," the ruling read.
"We applaud the superior court for striing down these cruel restrictions on women's health and rights that violate the Alaska Constitution," said Chris Charbonneau, CEO of Planned Parenthood of the Great Northwest and the Hawaiian Islands. . . .
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This shift in Saudi law came in 2011, when a royal decree announced that women would be allowed to vote and run in local elections beginning in December of 2015. . . .