Abstract

This article attempts to illuminate current pregnancy discrimination decisions by examining the ramifications of this case of first impression in reference to the split in the courts of appeals. Part I examines the Supreme Courts most recent guidance on pregnancy discrimination Johnson controls issued more than a decade ago. Part II identifies the split among the courts of appeals concerning the application and coverage of the PDA. A comprehensive review of appellate courts pregnancy discrimination decisions in the decade following Johnson Controls evidences a distinct preference between contracting the scope of the PDA and interpreting it as granting broad protections. Part III analyzes the Erickson decision itself and the underlying EEOC decision as well as related district court interpretations of Title VII and the PDA. (excerpt)

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