The Protections Offered to Non-Pregnant Plaintiffs by the Pregnancy Discrimination Act

Abstract

This paper examines application of Pregnancy Discrimination Act of 1978 (hereafter, the Act) to a plaintiff who is not pregnant when adverse action occurs. The results vary greatly and depend on circuit in which she files her claim. Many courts recognize rights of non-pregnant plaintiffs in a number of situations. In general, however, courts likely interpret Act more narrowly than drafters intended. This paper will explain burden faced by a plaintiff suing under Act and explore a range of situations in which non-pregnant women have sued under Act, as well as challenges faced by these plaintiffs.The first section of this paper explains purpose of Act and stereotypes that it was designed to combat. The second section explains evidentiary burden of a plaintiff bringing a lawsuit under Act. The final section examines several scenarios in which a plaintiff who is not pregnant at time that she faces an adverse employment action might consider bringing a suit.