Laws on Gender Discrimination: Pregnancy Discrimination and Pay Equity

Laws on Gender Discrimination: Pregnancy Discrimination and Pay Equity

ABSTRACT

In the United States, the lower federal courts frequently determine the meaning of statutes through their decisions. Political science research has mostly focused on how lower courts make their interpretations in light of Supreme Court precedents. This article examines how the federal courts have interpreted the Pregnancy Discrimination Act's (PDA) "related medical conditions" clause in the absence of legislative or Supreme Court guidance. Three primary claims have been litigated as conditions related to pregnancy that therefore require protection in the workplace--insurance coverage of prescription contraception, inclusion of infertility treatments under insurance, and the provision of time and privacy for breastfeeding. Besides the PDA's guarantee of formal equality in the workplace, the Americans with Disabilities Act (ADA) also requires employers to make some accommodations for pregnant women. In all three policy areas the case law demonstrates a lack of consistency and the existence of conflict in the federal district courts, but the appellate courts are slowly beginning to provide some consistency within circuits. As the courts have considered the statutory protection for women extending beyond pregnancy, their responses have been ambivalent at best. It is only in the contraception cases that the door remains open for explicit PDA protection. The ADA may potentially protect women in terms of infertility coverage and breastfeeding; however, Supreme Court rulings requiring disabilities under the ADA to be permanent may have shut the door on the ADA's protection of any aspect of pregnancy.

Laws on Gender Discrimination: Pregnancy Discrimination and Pay Equity

Introduction

The purpose of this research paper is to discuss the Laws on Gender Discrimination based on Pregnancy Discrimination and Pay Equity. The paper is divided into various parts and will finally conclude with the conclusions. Gender discrimination can be found on many grounds. Hiring of women is not allowed in many Muslim countries as it is their belief that women should not work beside men. In a social context, gender differences are used to define roles for women and men. According to a report by UNICEF and other agencies, discrimination is greatly affecting almost 250 million people around the globe. It is mainly found in parts of Africa and Asia. Gender discrimination is also a major source of violence worldwide.

Around the world, discrimination and gender bias are obstacles to the full development and full participation of women as compared to men. The women do not enjoy the same opportunities as their male counterparts. Their basic rights are denied and the conditions for sustainable human development are not fulfilled. It is vital for the future that women assume responsibilities within their family, their community and, increasingly, in their workplace and in society. Very often, women are abused or treated unfairly by society and have little opportunity, or lack of political voice, to change the situation. On the other hand, men often feel societal pressure to be providers for the family income and have little opportunity to help educate children. They may lose confidence in themselves and their self-esteem if they are unemployed.

Feminism is a set of political, philosophical and social ideas seeking to promote the rights of women and their interests in civil society. It is embodied in organizations whose goals are to abolish the social, political, legal, economic and cultural factors of which women are victims. Discrimination against pregnant women will remain a global concern and to remedy this situation it is necessary to establish gender equality laws and opportunities that guarantee the protection of women impaired in their workplace.

The woman has often suffered discrimination in the workplace, however, most of the time the female has to fight against discrimination at the time of pregnancy. This employment discrimination is an issue that goes beyond the institutional policies of an organization, and that goes beyond political boundaries and legislative government. Although the scenario is changing, there are companies and organizations that are still reluctant to hire women because they are not sufficiently productive occupationally due to their pregnancy. There are also other institutions that fire women for their status, falling into illegality. In this regard, a pregnant woman can be covered under different laws and have rights as a person who is governed by legal status. Thus, employers must comply with certain rights that employees have as a pregnant woman (Allison, 1997).

The right of employees of freedom from discrimination in their compensation is protected under several federal laws, including the following implemented by the Commission for Equal Employment Opportunity (EEOC): Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Law of Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990.

The most painful concern is that racial discrimination, gender discrimination and caste discrimination is badly affecting the world in many forms. Countries are having wars due to them.

Pregnancy Discrimination Act

Gender roles within society are formed as a function of the sexual roles in which a person is born. Sexism still exists in the American work force. Although it doesn't exist like it did during the "Mad Men"-era bosses, it is still there in a subtle way. The largest companies in the country are run by 97% of the male chief executives. Some groups of women may be particularly vulnerable to discrimination or harassment because of unfair stereotypes or perceptions, but persistent, such as pregnant women and mothers. Every pregnant woman is entitled to respect and dignity in his workplace. Jokes or derogatory remarks concerning pregnant employees, for example because they are disabled, single, young, lesbians, indigenous, transgender, Muslim, Jewish, Catholic or atheist, etc. can be considered a form of discrimination.

The Pregnancy Discrimination Act protects pregnant workers from discriminatory actions, and applies to employers with a company with 15 or more workers. The law prohibits employment discrimination based on pregnancy, childbirth or any kind of disability-related condition due to pregnancy. Despite the laws, guidance, and willingness to work many pregnant women continue to be denied employment opportunities and equal treatment. Meanwhile, the United States has

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