Understanding the Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) of 1978 amends Title VII of the Civil Rights Act of 1964. Discrimination based on pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination. Pregnant women and their related conditions must be treated in the same manner as other employees with similar disabilities or inability to work. The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, strengthened the law.

Pregnancy Discrimination Violates the Collective Bargaining Agreement

Pregnancy discrimination violates Article 2, Non- Discrimination and Civil Rights, Section 1, Statement of Principle of the Collective Bargaining Agreement (CBA) between the Postal Service and the union, which states, "The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex (including pregnancy), age, or marital status." Therefore, if an employee is temporarily unable to perform her job due to pregnancy, the Postal Service must treat her the same as any other temporarily disabled employee by providing light duty, modified tasks, alternative assignments, disability leave, and leave without pay. In addition, it violates the Employee and Labor Relations Manual (ELM), Article 672.1 b.

Pregnancy and Maternity Leave

Under the PDA, employers must treat pregnant employees the same as other employees with temporary disabilities. If an employee has been absent from work due to a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. Employers must provide reasonable accommodations to employees with limitations related to pregnancy, childbirth, or related medical conditions. This could include modified work schedules, more frequent breaks, or time off for medical appointments. Temporarily disabled leave or leave without pay must be granted for pregnancy. The job must be held open for a pregnancy-related absence the same as for employees on sick or temporary disability leave. It is illegal for the employer to retaliate against an employee for fi ling a discrimination charge or participating in an investigation on pregnancy discrimination.

What To Do If You Are a Victim of Pregnancy Discrimination

If you feel that you are a victim of pregnancy discrimination, take the following actions:

• Write Down What Happened - Record the date, time, and place of the incident and include what was said and identify witnesses. Keep a copy of these notes at home.
• Contact Your Union Representative - File a grievance within 14 days of the incident, citing a violation of Article 2, Article 13, Article 19, and Article 30.
• Keep Copies of Job Evaluations - Keep records at home of all evaluations that show that you do a good job at work. Your supervisor may criticize your job performance later in order to defend the discrimination.
• File an Equal Employment Opportunity Commission (EEOC) Complaint - A pregnancy discrimination charge must be fi led within 45 days of the discriminatory action to preserve your legal rights. EEOC regulations require that EEO complaints against the Postal Service must be fi led with the Postal Service. You may use PS Form 2565, EEO Complaint of Discrimination in the Postal Service, to fi le your formal EEO complaint. For a copy of PS Form 2565, EEO Complaint of Discrimination in the Postal Service, contact Research and Education Department Director Joyce B. Robinson at [email protected]. ■

Resources: Pregnancy Discrimination Act, US Equal Employment Opportunity Commission, Collective Bargaining Agreement between the APWU and the USPS, and the USPS Employee and Labor Relations Manual (ELM).