1. Introduction -- 2. A history of pregnancy and the workplace -- 3. Competing definitions of equality: Formal and substantive equality -- 4. Litigating pregnancy discrimination in the federal courts -- 5. Identifying unlawful pregnancy discrimination under the PDA -- 6. Pregnancy as a disability? The Americans with Disabilities Act and the Pregnancy Discrimination Act -- 7. Beyond pregnancy: Title VII and the protection of related medical conditions of pregnancy -- 8. Lessons learned and emerging issues.
Summary:
"The percentage of women in the American labor force exceeds 57%, and many experience pregnancy during their working years. However, few analyses have explored how law mediates conflict between workplace expectations and the realities of pregnancy. This book explores how the federal courts have addressed the two primary federal statutory protections found in the Pregnancy Discrimination Act and the Americans with Disabilities Act. While pregnancy discrimination has been litigated under both, these laws establish different forms of equality. Formal equality requires equal treatment of pregnant women in the workplace, and substantive equality requires the worker's needs to be accommodated by the employer. Drawing from a unique database of 1,112 cases, Deardorff and Dahl discuss how courts have addressed pregnancy through these two different approaches to equality. The authors explore the implications for gender equality and the evolution of how pregnancy and pregnancy-related conditions in employment can be addressed by employers"-- Provided by publisher. "Deardorff and Dahl examine how the US courts have addressed pregnancy discrimination under federal statutory law. The historical, comparative, and federal and state legal contexts are analyzed in the competing conceptions of pregnancy and employment, exploring implications for gender equality and the treatment of pregnancy in employment"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.