2K00 Discrimination on the Basis of Pregnancy

COs are also reminded that discrimination on the basis of pregnancy, childbirth, or related medical condition, including childbearing capacity, is a form of unlawful sex discrimination.141 A few examples of unlawful pregnancy discrimination are:

  • Refusing to hire pregnant women or women of childbearing capacity, or subjecting these women to adverse employment treatment because of their pregnancy or their capacity to bear children;
  • Firing female employees or requiring them to go on leave because they become pregnant or have a child;
  • Limiting pregnant women’s job duties based solely on the fact that they are pregnant, or requiring a doctor’s note in order for a pregnant woman to continue working;
  • Providing employees with health insurance that does not cover hospitalization and other medical costs for pregnancy, childbirth, and related medical conditions to the same extent that hospitalization and other medical costs are covered for other medical conditions; and
  • Denying alternative job assignments, modified duties, or other accommodations to an employee who is temporarily unable to perform some of her job duties because of pregnancy, childbirth, or related medical conditions when:
    • Such assignments, modifications, or other accommodations are provided to other employees whose abilities or inabilities to perform some of their job duties are similarly affected;
    • The denial of the accommodations imposes a significant burden on employees affected by pregnancy, childbirth or related medical conditions; and
    • The contractor’s asserted reason for denying accommodations to the worker does not justify that burden.

141. 41 CFR 60-20.5.