The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, though the others are similar.
Unlawful Discrimination
Under both the PDA and PWFA, it’s unlawful for employers to discriminate against employees based on pregnancy or childbirth by firing them or otherwise “deny[ing] employment opportunities.” These “employment opportunities” include essentially the full gamut of terms and conditions of employment, including pay, assignments, promotions, hiring, firing, layoffs, and fringe benefits.
