Job Security for Pregnant Employees: The Model Employment Termination Act

Abstract

This article examines dismissal law regarding pregnant employees. Under U.S. law, wrongful dismissals are covered by the terms and conditions of employment. Employment termination based on pregnancy is discriminatory, but enforcement of a pregnant employee's rights to continued employment and preservation of a position with seniority are problematic. This article reviews the changing values and attitudes toward pregnancy and employment reflected in case and statutory law. It outlines the shift from twentieth-century protectionism, the treatment of pregnant employees before and after Title VII of the Civil Rights Act of 1964, interpretations in case law, the 1978 Pregnancy Discrimination Act, and the Supreme Court's ending of exclusionary policies. The 1993 Family and Medical Leave Act is discussed, as are the limitations of this law to protect certain categories of pregnant employees. The Model Employment Termination Act is considered in light of these developments. Its possible adoption is viewed as offering a necessary safety net for pregnant employees, who are least able to pursue court action to protect their rights.