Cherilynne Bell v. IV Waste, L.L.C.

New Orleans, Louisiana employment law lawyer represented the Plaintiff on a pregnancy discrimination claim.



The Pregnancy Discrimination Act (PDA) makes it unlawful to discriminate against employees in any aspect of employment because of pregnancy, childbirth, or related medical conditions. This means an employer cannot fire, deny a promotion, or otherwise negatively affect an employee's employment due to their pregnancy. The PDA also requires that an employee's pregnancy-related medical conditions be treated the same as other temporary disabilities in terms of benefits, leave, and job retention.



Key Provisions of the PDA



Prohibits Discrimination: It prohibits discrimination based on pregnancy, childbirth, or related medical conditions in all areas of employment, including hiring, firing, pay, job assignments, promotions, and layoffs.



Equal Treatment for Leave: An employee on leave due to pregnancy must be treated the same as any other employee on leave for a temporary disability. This includes benefits, seniority, and the accrual of vacation time.



Job Retention: An employer must hold a job open for a pregnant employee on leave for the same length of time they would for other temporarily disabled employees.



Health Benefits: Pregnancy-related expenses must be covered by health insurance under the same terms as expenses for other medical conditions.



Prohibition on Mandatory Leave: Employers cannot force an employee to take leave until their child is born or for a predetermined period after childbirth if the employee is able to perform their job.

Pregnancy-Related Conditions: These include uncomplicated pregnancies, miscarriage, postpartum depression, edema, and lactation.



What the PDA Does Not Require



Parental Leave: The PDA does not require employers to provide leave for child care.



Abortion Coverage: While an employer can choose to provide health coverage for abortions, they are not required to do so, except where the mother's life is endangered.



Related Laws



Family and Medical Leave Act (FMLA): Passed in 1993, the FMLA provides for a fixed number of unpaid parental leave weeks, continued health benefits, and job security.



Pregnant Workers Fairness Act (PWFA): This more recent law requires employers to provide reasonable accommodations fo

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