42 U.S.C. § 2000e

Section 2000e(k) requires employers to treat pregnancy leave like other temporary disability leave when providing employment benefits.

Carter v. American Telephone & Telegraph Co. · filed 1994-12-16(k)

The Act requires employers to treat pregnancies in the same manner as any other temporary medical disability for all employment related purposes. 42 U.S.C. § 2000e(k).

Section 2000e(k) requires employees affected by pregnancy or related conditions to be treated the same as others with a similar ability or inability to work.

Tsetseranos v. Tech Prototype, Inc. · filed 1995-04-10(k)

The basic principle of the Pregnancy Discrimination Act "is that women affected by pregnancy and related conditions must be treated the same as other applicants and employees on the basis of their ability or inability to work."

Discovering during an employee’s maternity leave that her position can be eliminated does not, by itself, make the elimination pregnancy discrimination.

Smith v. F.W. Morse & Co. · filed 1995-04-24(k)

That the expendability of plaintiffs position was discovered as a direct result of her being absent on maternity leave also does not, by itself, convert an otherwise legitimate business decision into gender-based discrimination.

Section 2000e(k) treats an adverse employment decision based on pregnancy as sex discrimination.

Boyd v. Harding Academy of Memphis, Inc. · filed 1995-05-31(k)

Section 2000e(k), referred to as the Pregnancy Discrimination Act, makes clear that sex discrimination includes any adverse employment decision based upon pregnancy.

Section 2000e(k) includes pregnancy within discrimination because of sex.

McDonnell v. Certified Engineering & Testing Co. · filed 1995-07-31(k)

McDonnell is a member of a protected class because she is a woman and because she was pregnant. See 42 U.S.C. § 2000e(k) (“The terms ‘because of sex’ or ‘on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, child birth, or related medical conditions[.]”).

Section 2000e(k) does not treat infertility as a medical condition related to pregnancy or childbirth.

Krauel v. Iowa Methodist Medical Center · filed 1995-10-02(k)

In sum, this court relies on accepted rules of statutory construction and the fact that infertility is not a sex-related medical condition while pregnancy and childbirth are sex-related, in finding that the treatment of infertility is not the treatment of a medical condition related to pregnancy or childbirth.

Section 2000e(k) covers discrimination based on potential pregnancy, including a woman’s infertility treatment.

Erickson v. Bd. of Governors of State Colleges · filed 1995-10-18(k)

The court denied the motion to dismiss, holding that (1) the PDA applies to discrimination based upon intended or potential pregnancy in addition to actual pregnancy and (2) infertility is a pregnancy-related condition for purposes of the PDA. ... The Court agrees with the Pacourek holding, which follows from the plain language and legislative history of the PDA, as well as Supreme Court precedent.

Section 2000e(k) treats discrimination because of pregnancy as sex discrimination.

O'Hara v. Saint Francis Hospital, Inc. · filed 1995-11-13(k)

It is elemental that bias against a woman because she is pregnant constitutes gender-based discrimination. 42 U.S.C. § 2000e(k) (1988) (Pregnancy Discrimination Act of 1978).

Section 2000e(k) requires employees affected by pregnancy to be treated the same as other employees with similar ability or inability to work.

Quaratino v. Tiffany & Co., Michael Eiring, and David Wright · filed 1995-11-20(k)

Whether or not it has any validity is not our task to decide because Congress, whose view is the one we must heed, has expressly stated in Title VII that pregnant women shall be treated equally for all employment related purposes and that nothing in the law shall be construed to permit otherwise.

Section 2000e(k) protects women from discrimination because they are trying to become pregnant.

Cleese v. Hewlett-Packard Co. · filed 1995-12-21(k)

This court agrees with Pacourek that the purpose of the PDA is best served by extending its coverage to women who are trying to become pregnant.

A pregnancy discrimination claim challenging a maternity leave policy requires evidence that the policy was discriminatory in design or application.

Morrissey v. Symbol Technologies, Inc. · filed 1996-01-11(k)

Applying this standard, Morrissey has not established a claim for employment discrimination nor has she raised any material triable issue of fact that would preclude summary judgment. The plaintiff took a maternity leave under her employer’s three month leave of absence policy, which this Court finds to be reasonable as a matter of law.

Section 2000e(k) treats pregnancy, childbirth, and related medical conditions as sex-based discrimination and requires equal treatment in employment.

Gudenkauf v. Stauffer Communications, Inc. · filed 1996-02-13(k)

Congress in 1978 added the PDA to the definitional section of Title VII. It provides: ... PDA claims are subject to the same disparate treatment analysis used under Title VII. ... The court denies Stauffer’s motion for summary judgment on Guden-kaufs PDA claim.

Section 2000e(k) requires employers to treat pregnant workers as well as comparable workers; a facially neutral leave policy can be discriminatory if adopted to target a worker because of pregnancy.

Gina PIRAINO, Plaintiff-Appellant, v. INTERNATIONAL ORIENTATION RESOURCES, INC., Defendant-Appellee · filed 1996-05-21(k)

Facial neutrality is not enough to prevent a finding of discrimination, if the adoption of the policy was designed to discriminate against Piraino herself on the basis of her pregnancy.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires employees affected by pregnancy to be treated the same as other employees with a similar ability to work.

Soreo-Yasher v. First Office Management · filed 1996-05-24(k)

There is no evidence in the record that Yasher was treated any differently than nonpregnant employees who were on leave for a similar period of time. There is simply no causal connection between Yasher’s pregnancy and FOM’s decision to replace her. Therefore, the Court finds that Yasher was not discriminated against on the basis of her pregnancy.

Section 2000e(k) includes pregnancy discrimination within sex discrimination and requires pregnant employees to be treated the same as others similar in their ability to work.

Mayberry v. Endocrinology-Diabetes Associates · filed 1996-05-31(k)

Rather than introducing new substantive provisions protecting the rights of pregnant women, the PDA brought discrimination on the basis of pregnancy within the existing statutory framework prohibiting discrimination in the workplace based upon sex.

New-mother status alone is not a protected trait under § 2000e(k)'s Pregnancy Discrimination Act.

Piantanida v. Wyman Center, Inc. · filed 1996-06-04(k)

It is this Court's belief that plaintiff does not state a cognizable disparate treatment cause of action because her status as a "new mother" is not a protected trait under the PDA.

Section 2000e(k) does not require a medical condition related to pregnancy or childbirth to be incapacitating.

Notter v. North Hand Protection, a Division of Siebe, Incorporated · filed 1996-06-21(k)

The text of the Pregnancy Discrimination Act contains no requirement that "related medical conditions" be "incapacitating."

Section 2000e(k) covers medical conditions related to pregnancy or childbirth without requiring that they be incapacitating.

Notter v. North Hand Protect · filed 1996-06-21(k)

The text of the Pregnancy Discrimination Act contains no require- ment that "related medical conditions" be"incapacitating."

Section 2000e(k) includes discrimination based on pregnancy within Title VII’s prohibition on sex discrimination.

Milliner v. District of Columbia · filed 1996-07-08(k)

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to clarify that the prohibition of Title VII against sex discrimination included discrimination based on pregnancy.

Section 2000e(k) includes pregnancy and pregnancy-related conditions within discrimination because of sex.

Bakewell v. Stephen F. Austin State University · filed 1996-07-15(k)

Both Title VII and Title IX define sex to include pregnancy and pregnancy-related conditions.

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex, but does not cover infertility.

Krauel v. IA Methodist Medical · filed 1996-09-11(k)

Therefore, we hold that the District Court properly concluded that infertility is outside of the PDA's protection because it is not pregnancy, childbirth, or a related medical condition.

Section 2000e(k) does not include infertility among medical conditions related to pregnancy or childbirth.

Krauel v. Iowa Methodist Medical Center · filed 1996-09-11(k)

The plain language of the PDA does not suggest that “related medical conditions” should be extended to apply outside the context of “pregnancy” and “childbirth.”

Section 2000e(k) protects women from discrimination based on pregnancy, childbirth, and related medical conditions.

Gonzalez v. K-Mart Corp. · filed 1996-09-27(k)

The Pregnancy Discrimination Act of 1978 amended Title VII to protect women from discrimination on the basis of childbirth, pregnancy, and related medical conditions. 42 U.S.C.A. § 2000e(k) (1994). A pregnant woman like Vazquez, therefore, is a member of a protected class.

Section 2000e(k) treats discrimination on the basis of pregnancy as sex discrimination under Title VII.

Schlett v. Avco Financial Services, Inc. · filed 1996-10-17(k)

Discrimination on the basis of pregnancy is gender discrimination forbidden under both federal and state law.

Section 2000e(k) includes pregnancy discrimination within sex discrimination, so pregnancy claims follow the ordinary Title VII rules, including those for disparate impact.

Garcia v. Woman's Hospital · filed 1996-10-22(k)

The PDA did not amend Title VII in any other way. Therefore, in analyzing a claim of pregnancy discrimination we apply the same rules used for discrimination claims in general.

Section 2000e(k) includes pregnant women in Title VII’s protected class.

Lehmuller v. Incorporated Village of Sag Harbor · filed 1996-11-11(k)

There is no question that the plaintiff was a member of a protected class; she was a pregnant woman.

Section 2000e(k) permits a pregnant employee to compare her treatment with that of another employee who had a similar ability or inability to work, without showing that they had the same supervisor.

Ensley-Gaines v. Marvin Runyon, Postmaster · filed 1996-11-20(k)

Therefore, under the PDA, an individual employee alleging discrimination based upon pregnancy need not meet “the same supervisor test” as enunciated in Mitchell, but need only demonstrate that another employee who was similar in her or his ability or inability to work received the employment benefits denied to her.

Section 2000e(k) treats pregnancy-based harassment as sex discrimination under Title VII.

Donaldson v. American Banco Corp., Inc. · filed 1996-11-20(k)

In addition, 42 U.S.C. § 2000e(k) states that for the purposes of Title VII, “[t]he terms ‘because of . sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.” Therefore, “sexual harassment” includes “pregnancy-based harassment.”

Section 2000e(k) covers pregnancy-related conditions of the mother, not absences caused by a child’s medical condition.

McNill v. New York City Department of Correction · filed 1996-11-27(k)

The PDA only provides protection based on the condition of the mother — not the condition of the child.

Section 2000e(k) does not require preferential treatment for pregnant employees.

Garcia v. Woman's Hospital of Texas · filed 1996-12-16(k)

The PDA does not mandate preferential treatment for pregnant women and that is not what Garcia is seeking.

Section 2000e(k) includes pregnancy within discrimination because of sex, allowing a claim for pregnancy harassment under Title VII.

Mentch v. Eastern Savings Bank, FSB · filed 1997-01-08(k)

... Congress promptly amended Title VII through enactment of the Pregnancy Discrimination Act and clarified that “[t]he terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). A claim of pregnancy harassment fits logically under Title VII as amended.

Section 2000e(k) requires equal treatment of pregnant employees and similarly affected nonpregnant employees, without preferential treatment.

Pasha Hunt-Golliday v. Metropolitan Water Reclamation District of Greater Chicago · filed 1997-01-17(k)

The PDA does not require preferential treatment for a pregnant employee—just the same treatment as a non-pregnant employee would receive.

Section 2000e(k) includes discrimination based on pregnancy, childbirth, or related medical conditions within Title VII’s prohibition of sex discrimination.

Visco v. Community Health Plan · filed 1997-03-03(k)

As stated in the PDA “[t]he terms ‘because of sex’ or ‘on the basis of sex’ in Title VII include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) includes discrimination based on pregnancy, childbirth, or related medical conditions within Title VII’s prohibition of sex discrimination.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee v. YENKIN-MAJESTIC PAINT CORPORATION, Defendant-Appellant · filed 1997-03-06(k)

Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), prohibits gender discrimination, which includes discrimination based on pregnancy, childbirth, or related medical conditions.

Section 2000e(k) includes discharge because of pregnancy within sex discrimination under Title VII.

Rice v. Golf Enterprises, Inc. (In re McElhanon) · filed 1997-03-17(k)

This prohibition also includes discharge based upon a woman’s pregnancy. 42 U.S.C. § 2000e(k).

Section 2000e(k) requires employers to treat pregnancy as they treat other temporary disabilities.

Michelle Y. Maides Scott D. Maides v. Ralphs Grocery Company, Michelle Y. Maides Scott D. Maides v. Ralphs Grocery Compa · filed 1997-03-18(k)

Under the Pregnancy Discrimination Act, Ralphs was obligated to treat pregnancy as it treated any other temporary disability.

Section 2000e(k) requires employers to treat pregnant employees the same as other employees with a similar ability to work; it does not require an indefinite leave benefit unavailable to others.

Jodee LANG, Plaintiff-Appellant, v. STAR HERALD, Defendant-Appellee · filed 1997-04-03(k)

Because Lang has produced no evidence to show that the Star Herald’s indefinite-leave-of-absence policy was different for her than it was for nonpregnant employees, we conclude that Lang failed to establish a prima facie case.

Section 2000e(k) does not treat an individual's choice to care for a child as a medical condition related to childbirth or pregnancy.

Piantanida v. Wyman Center, Inc. · filed 1997-06-23(k)

In examining the terms of the PDA, we conclude that an individual's choice to care for a child is not a "medical condition" related to childbirth or pregnancy. Rather, it is a social role chosen by all new parents who make the decision to raise a child.

Section 2000e(k) includes pregnancy discrimination within discrimination because of sex.

Lori M. GLEASON, Plaintiff-Appellant, v. MESIROW FINANCIAL, INCORPORATED, Defendant-Appellee · filed 1997-06-25(k)

Thus, discrimination on the basis of pregnancy is an unlawful employment practice under Title VII.

Section 2000e(k) requires women affected by pregnancy to receive the same employment treatment as persons not so affected but similar in ability or inability to work.

Ilhardt v. Sara Lee Corporation, a Maryland Corporation · filed 1997-06-26(k)

The PDA provides that “[wjomen affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes ... as other persons not so affected but similar in their ability or inability to work.” 42 U.S.C. § 2000e(k) (1994). ... The district court properly granted Sara Lee’s motion for summary judgment on the Pregnancy Discrimination Act claim.

Section 2000e(k) defines discrimination because of sex to include discrimination because of pregnancy, childbirth, or related medical conditions.

Lacoparra v. Pergament Home Centers, Inc. · filed 1997-10-10(k)

The Pregnancy Discrimination Act of 1978 (“PDA”), codified at 42 U.S.C. § 2000e(k), is a definitional amendment to Title VII enacted to include pregnancy-based discrimination in Title VII’s prohibition of gender-based employment discrimination.

Section 2000e(k) requires employers to treat pregnant and non-pregnant employees identically for employment purposes.

Kao v. Sara Lee Corporation · filed 1997-10-02(k)

Far from requiring accommodations or ... preferential treatment, the Act requires employers to treat ... pregnant and non-pregnant employees identically.

Section 2000e(k) requires employers to treat pregnant employees as well as similarly affected employees, including when applying work restrictions.

Deneen v. Northwest Airlines, Inc. · filed 1998-01-06(k)

The opposite, however, is also true -- employers must treat pregnant women as well as they treat similarly affected employees. The PDA does not require an employer to overlook the work restrictions of pregnant women unless the employer overlooks the comparable work restrictions of other employees.

Section 2000e(k) requires pregnant employees to be treated the same as others similar in their ability or inability to work; it does not require light duty when comparable temporarily disabled employees do not receive it.

Raciti-Hur v. Homan · filed 1998-01-29(k)

Rather, all the law requires is that the employer treat its pregnant employees the same as others similar in their ability or inability to work. The PDA does not require an employer who does not provide light duty work to other temporarily disabled employees to provide it for pregnant workers.

Section 2000e(k) includes pregnancy discrimination within Title VII’s prohibition on sex discrimination.

Hietala v. Real Estate Equities/Village Green, LLC · filed 1998-03-02(k)

Title VIPs prohibition of sex discrimination includes discrimination on the basis of “pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes ... as other persons, not so affected but similar in their ability or inability to work.” 42 U.S.C. § 2000e(k). ... In light of the alleged comments by Manders, there is a genuine issue of material fact as to whether Hietala’s pregnancy was a motivating factor in REE’s decision to terminate her.

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex.

Melissa MIGIS, Plaintiff-Appellee, Cross-Appellant, v. PEARLE VISION, INC., Defendant-Appellant, Cross-Appellee · filed 1998-03-10(k)

The term "because of sex" includes "because of ... pregnancy, childbirth, or related medical conditions." Id. § 2000e(k).

Section 2000e(k) does not require pregnancy discrimination to occur during pregnancy.

Bond v. Sterling, Inc. · filed 1998-03-11(k)

Though plaintiff was discharged after the birth of her child, the PDA does not require that the discrimination occur during the pregnancy.

Section 2000e(k) requires employers to treat employees affected by pregnancy as well as comparable employees who are not pregnant, but does not require employers to offer maternity leave.

Kennedy v. Schoenberg, Fisher & Newman, Ltd. · filed 1998-04-03(k)

While the PDA does not impose an affirmative duty on employers to offer maternity leave or to take other measures to assist pregnant employees, it does'require that the employer treat the employee as well as it would have if she were not pregnant.

Section 2000e(k) requires employers to treat pregnancy leave like other leave; it does not require special accommodations for pregnant workers.

Paula L. Harris and Kim D. Walton v. Union Pacific Railroad · filed 1998-04-09(k)

That statute requires the employer to ignore pregnancy, which Union Pacific did when treating pregnancy leave the same as sick leave, vacation leave, and every other land of leave. Under the Pregnancy Discrimination Act a firm need not make accommodations for pregnant workers.

Section 2000e(k) requires employers to treat pregnant employees the same as similarly situated nonpregnant employees but does not guarantee light-duty assignments.

Urbano v. Continental Airlines · filed 1998-04-15(k)

As long as pregnant employees are treated the same as other employees injured off duty, the PDA does not entitle pregnant employees with non-work related infirmities to be treated the same under Continental’s light-duty policy as employees with occupational injuries.

A pregnancy discrimination claim requires proof that the employer treated the worker less favorably because of her pregnancy.

Cross v. Southwest Recreational Industries, Inc. · filed 1998-05-08(k)

In other words, Plaintiff must establish that her employer treated her less favorably than other employees because of her sex and/or pregnancy.

Section 2000e(k) does not require employers to treat pregnant employees better than other employees.

Michele TUOHEY, Plaintiff-Appellant, v. CHICAGO PARK DISTRICT, Defendant-Appellee · filed 1998-06-19(k)

Title VII does not require employers to treat their pregnant employees better than they treat their other employees.

Section 2000e(k) covers pregnancy discrimination through unequal treatment of pregnant employees or a policy with a disproportionately negative impact on them.

Garcia v. Woman's Hospital · filed 1998-06-22(k)

To make out a prima facie violation of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, Garcia had to show: 1) that the hospital’s policies or their application intentionally treated her differently than non-pregnant employees because of her pregnancy (i.e., disparate treatment); or 2) that the hospital’s policies had a disproportionately negative impact on pregnant employees like herself as compared to non-pregnant employees (i.e., disparate impact).

Section 2000e(k) includes pregnancy within discrimination because of sex, making pregnant employees members of a protected class.

Aleman v. Sharp · filed 1998-08-07(k)

Although plaintiff did establish that, as a pregnant woman, she was a member of a protected class, see 42 U.S.C. § 2000e(k), she did not establish that she was denied a light duty position.

Section 2000e(k) includes discrimination based on pregnancy, childbirth, or related medical conditions within sex discrimination under Title VII.

Bergstrom-Ek v. Best Oil Co. · filed 1998-08-11(k)

As amended by the Pregnancy Discrimination Act, sex discrimination under Title VII includes discrimination “on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) permits a pregnancy discrimination claim to proceed when evidence raises a triable question whether pregnancy and maternity leave motivated termination.

Bonnie M. KERZER, Plaintiff-Appellant, v. KINGLY MANUFACTURING, Defendant-Appellee · filed 1998-09-23(k)

We conclude, viewing all the evidence submitted by Kerzer, that Kerzer has raised a genuine issue of material fact as to whether Kingly’s reason for terminating Kerzer’s employment is false and as to whether it is more likely that Kingly discharged Kerzer because she became pregnant and took maternity leave.

Section 2000e(k) requires employers to treat employees temporarily unable to work because of pregnancy-related conditions the same as other temporarily disabled employees.

Leeker v. Gill Studios, Inc. · filed 1998-09-10(k)

The Court notes that under the PDA, an employer is required to treat an employee who is temporarily unable to perform her job because of a pregnancy-related condition in the same manner as the employer treats other employees who are temporarily disabled but who are not pregnant.

Section 2000e(k) protects a medical disability under the Pregnancy Discrimination Act only when it is directly linked to pregnancy.

Williams v. MacFrugal's Bargains - Close-Outs, Inc. · filed 1998-10-26(k)

Thus a medical disability is not protected by the PDA unless there is a direct link between the medical condition and the employee’s pregnancy.

Section 2000e(k) requires employers to treat pregnant employees the same as similarly situated employees; it does not require preferential treatment.

Krolikowski v. Richman Gordman ½ Price Stores, Inc. · filed 1999-02-03(k)

The PDA requires employers to treat employees who are members of a protected class the same as other similarly situated employees. The PDA does not require employers to make accommodations for their pregnant workers and the PDA does not create a right to preferential treatment.

Section 2000e(k) treats discrimination based on pregnancy as sex discrimination, including decisions driven by stereotypes about pregnant employees.

Regina SHEEHAN, Plaintiff-Appellee, v. DONLEN CORPORATION, Defendant-Appellant · filed 1999-03-18(k)

Discrimination on the basis of pregnancy is part of discrimination against women, and one of the stereotypes involved is that women are less desirable employees because they are liable to become pregnant.

Section 2000e(k) bars an employer from taking adverse action based on an unsupported assumption that pregnancy will prevent an employee from meeting job requirements.

Maldonado v. U.S. Bank and Manufacturers Bank · filed 1999-07-09(k)

But an employer cannot take anticipatory action unless it has a good faith basis, supported by sufficiently strong evidence, that the normal inconveniences of an employee’s pregnancy will require special treatment.

Section 2000e(k) requires pregnant employees to be treated the same as other employees with similar disabilities.

Dimino v. New York City Transit Authority · filed 1999-09-14(k)

To the contrary, the statute specifically requires that pregnant women be treated the same as all other employees with similar disabilities.

Section 2000e(k) treats pregnancy discrimination as sex discrimination, including decisions based on stereotypes about pregnant women.

Sheehan, Regina v. Donlen Corporation · filed 1999-10-28(k)

Discrimination on the basis of pregnancy is part of discrimination against women, and one of the stereotypes involved is that women are less desirable employees because they are liable to become pregnant.

Section 2000e(k) requires employers to treat pregnant employees the same as other employees based on their ability or inability to work.

Spann v. Barry Abraham, Individually, and D/B/A Sir Pizza · filed 1999-11-05(k)

It does, however, require employers to treat pregnant employees the same as other employees on the basis of their ability or inability to work.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Spann v. Abraham · filed 1999-11-05(k)

The PDA amended Title VII by providing that the terms “because of sex” or “on the basis of sex” in Title VII shall include “on the basis of pregnancy, childbirth or related medical conditions.”

Section 2000e(k) includes pregnancy-based discrimination within Title VII’s prohibition of sex discrimination.

Koppenal v. Nepera, Inc. · filed 1999-12-01(k)

The PDA is a definitional amendment to Title VII enacted to include pregnancy-based discrimination in Title VU’s prohibition of gender-based employment discrimination. ... It is undisputed in this case that plaintiff was a member of the protected class because she was pregnant, that she satisfactorily performed her duties as administrative assistant, and that she was discharged.

Pregnancy Discrimination Act claims may be evaluated under the McDonnell Douglas burden-shifting framework.

Gleklen v. Democratic Congressional Campaign Committee, Inc. · filed 2000-01-11(k)

Given that the Pregnancy Discrimination Act and D.C. Human Rights Act provisions in question are identical, and in view of the general similarity of the Leave Act, the McDonnell Douglas approach offers a coherent method of evaluating the evidence for all three alleged violations.

Section 2000e(k) requires equal treatment of pregnant workers; giving an employee a larger raise than her nonpregnant colleagues did not establish pregnancy discrimination.

Miller v. American Family Mutual Insurance Company · filed 2000-02-16(k)

King cannot be guilty of pregnancy discrimination—of treating Miller less favorably than her heretofore-non-pregnant co-workers—by giving her a raise that was bigger than the raises he gave all her non-pregnant colleagues.

Section 2000e(k) treats pregnancy discrimination as sex discrimination under Title VII.

Wallace v. Methodist Hospital System · filed 2000-02-25(k)

The Pregnancy Discrimination Act of 1978 amended Title VII to provide that pregnancy discrimination was a form of sex discrimination. ... The record as a whole does not present sufficient evidence to support the jury’s findings of discrimination.

Section 2000e(k) defines discrimination based on pregnancy as sex discrimination, including when the employer is a religious school.

Cline v. Catholic Diocese of Toledo · filed 2000-03-14(k)

Because discrimination based on pregnancy is a clear form of discrimination based on sex, religious schools cannot discriminate based on pregnancy.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or a related medical condition.

Cline v. Catholic Diocese of Toledo · filed 2000-03-14(k)

According to Section 2000e(k), the term "because of sex" means, among other things, "on the basis of pregnancy, childbirth, or related medical condition." 42 U.S.C. § 2000e(k).

Section 2000e(k) compares workers affected by pregnancy with other workers similar in their ability or inability to work, regardless of what caused their condition.

Sumner v. Wayne County · filed 2000-03-23(k)

The proper focus under the comparison prong is whether the employees are similar in their ability or inability to work, regardless of the source of the injury or illness.

Section 2000e(k) includes discrimination based on pregnancy, childbirth, or related medical conditions within Title VII’s prohibition of sex discrimination.

Ferrell v. Masland Carpets, Inc. · filed 2000-04-17(k)

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 by providing that the prohibition against employment-related discrimination “because of sex” or “on the basis of sex” includes discrimination based on pregnancy, childbirth or related medical conditions.

Section 2000e(k) includes pregnancy discrimination within sex discrimination under Title VII.

Doherty v. Center for Assisted Reproduction, P.A. · filed 2000-07-13(k)

Title YII prohibits discrimination on the basis of sex, which includes discrimination on the basis of pregnancy.

Section 2000e(k) includes pregnancy discrimination within discrimination based on sex under Title VII.

Gorski v. Corrections · filed 2000-07-19(k)

Discrimination on the basis of sex includes discrimination based on pregnancy. See 42 U.S.C.A. § 2000e(k) (1994). ... This allegation would be more accurately classified as a claim of pregnancy discrimination rather than sexual harassment, both of which are subsets of discrimination based on sex.

Section 2000e(k) includes pregnancy within discrimination because of sex, making a pregnant employee a member of a protected class.

Karczynski v. Specialty Equipment Manufacturing, Inc. · filed 2000-07-25(k)

The Pregnancy Discrimination Act amended Title VII to include pregnancy as a basis for discrimination because of an employee’s sex. ... Karczynski is a female who was pregnant at the time of her alleged termination, thus she is a member of a protected class. Accordingly, the first element of her prima facie case is not in dispute.

Section 2000e(k) expands Title VII’s definition of sex discrimination to include pregnancy, childbirth, and related medical conditions, but breast-feeding discrimination is not pregnancy discrimination.

Derungs v. Wal-Mart Stores, Inc. · filed 2000-09-26(k)

In response to Gilbert, Congress amended Title VII by passing the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k). That provision expanded the definition of the phrases "because of sex” and "on the basis of sex” to include "because of or ori the basis of pregnancy, childbirth or related medical conditions." Under the Act, women "affected by pregnancy, childbirth or related medical conditions shall be treated the same ... as other persons not so affected but similar in their ability or inability to work....” Notably, however, even under this expanded definition, "breast-feeding discrimination” does not constitute pregnancy discrimination under Title VII, as amended by the Pregnancy Discrimination Act of 1978.

Section 2000e(k) prohibits pregnancy discrimination; an employee using other workers as comparators must show they were similarly situated and treated more favorably.

Dibassie v. Hirsch & Westheimer · filed 2000-11-28(k)

The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against a female employee on the basis of the employee’s pregnancy. 42 U.S.C. § 2000e(k). ... We affirm the district judge’s order granting summary judgment because the evidence, viewed in the light most favorable to Dibassie, fails to establish a genuine issue of fact concerning ... whether she was similarly situated to other nonpregnant legal secretaries at the firm.

Section 2000e(k) includes discrimination based on pregnancy within sex discrimination under Title VII.

Glunt v. GES Exposition Services, Inc. · filed 2000-12-11(k)

Gender-based employment discrimination under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, encompasses discrimination on the basis of pregnancy.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Nelson v. Wittern Group, Inc. · filed 2001-01-29(k)

Since discrimination based on pregnancy is, by statute, discrimination based on sex, see 42 U.S.C. § 2000e(k) (“The terms ‘because of sex’ or ‘on the basis of sex’ include ... because of or on the basis of pregnancy .... ”), it seems reasonable to conclude that an administrative charge based on pregnancy discrimination can support a later-added judicial charge based on sex discrimination.

Section 2000e(k) requires employers to treat pregnant employees the same as nonpregnant employees who are similarly able or unable to work.

Holmes v. E.Spire Communications, Inc. · filed 2001-03-15(k)

Under the PDA and Title VII, an employer is barred from treating a woman who is pregnant differently for employment purposes than those employees who are not pregnant. 42 U.S.C. § 2000e(k). Plaintiff has offered no evidence to support the conclusion that she was treated differently than nonpregnant employees. As such, she has failed to establish disparate treatment or that her termination occurred under circumstances giving rise to a reasonable inference of discrimination.

Section 2000e(k) does not include infertility among the medical conditions related to pregnancy or childbirth.

LaPorta v. Wal-Mart Stores, Inc. · filed 2001-05-22(k)

The court concludes that infertility is not a medical condition related to pregnancy or childbirth within the meaning of the PDA.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy.

Brittain v. Family Care Services, Inc. · filed 2001-06-20(k)

The Pregnancy Discrimination Act of 1978 ("PDA") amended the definitional section of Title VII to make clear that discrimination based on a woman's pregnancy is, on its face, discrimination because of her sex.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Wagner v. Dillard Department Stores, Inc. · filed 2001-08-27(k)

The statute provides that "[t]he terms ‘because of sex’ and ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions." 42 U.S.C.A. § 2000e(k). We analyze a pregnancy discrimination claim "in the same manner as any other sex discrimination claim brought pursuant to Title VII."

Section 2000e(k) protects employees from discrimination based on pregnancy, childbirth, and related medical conditions.

Flores-Suarez v. Turabo Medical Center Partnership · filed 2001-09-27(k)

The Pregnancy Discrimination Act of 1978 amended Title VII to protect women from discrimination on the basis of childbirth, pregnancy, and related medical conditions. 42 U.S.C. § 2000e(k).

Section 2000e(k) includes pregnancy discrimination within sex discrimination, but an employer may consider maternity leave absences unless it overlooks comparable absences of nonpregnant employees.

Wallace v. The Methodist Hospital System · filed 2001-11-07(k)

We decline to do so for, as the Seventh Circuit has stated, “[t]he [Pregnancy Discrimination Act] requires the employer to ignore an employee’s pregnancy, but ... not her absence from work, unless the employer overlooks the comparable absences of non-pregnant employees.”

Section 2000e(k) extends Title VII’s protection against sex discrimination to pregnancy, childbirth, and related medical conditions.

Meier v. Noble Hospitality, Inc. · filed 2001-12-31(k)

The Pregnancy Discrimination Act (the “PDA”) extends the protections of Title VII against discrimination based on “pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) protects against pregnancy discrimination even when the employee is no longer on maternity leave when the adverse employment action occurs.

Page v. Connecticut Department of Public Safety · filed 2002-01-24(k)

In order to recover under the PDA, an individual need not be on maternity leave when the adverse employment action occurs.

Section 2000e(k) treats pregnancy discrimination as sex discrimination; direct evidence of discriminatory intent can support a claim without evidence that workers with other restrictions received better treatment.

Lawyer v. Eck & Eck MacH. Co., Inc. · filed 2002-01-28(k)

In view of this direct evidence of a discriminatory animus, defendant’s argument that plaintiff has not shown she was treated less favorably than individuals with non-pregnancy related restrictions is unpersuasive.

A plaintiff who was not pregnant at or near the time of an adverse employment action must show that she was still affected by pregnancy, childbirth, or a related medical condition when it occurred.

Solomen v. Redwood Advisory Co. · filed 2002-01-31(k)

Such a plaintiff must demonstrate at the prima facie stage, by introducing evidence sufficient to allow the case to go to a jury, that she was “affected by pregnancy, childbirth or related medical conditions” at the time of the adverse employment action.

Section 2000e(k) requires an employee claiming pregnancy discrimination to show that her employer treated her differently from employees who were not pregnant but had a similar ability or inability to work.

Green v. New Balance Athletic Shoe, Inc. · filed 2002-01-29(k)

Plaintiffs nemesis in this regard is the PDA’s requirement that she demonstrate that she was treated differently than other, non-pregnant employees with a similar ability or inability to work.

Section 2000e(k) requires pregnant employees to be treated the same as other employees with a similar ability or inability to work; it does not require more generous leave for pregnancy-related absences.

Stout v. Baxter Healthcare Corp. · filed 2002-02-19(k)

Such a rule would also be distinctly at odds with the language of the statute, which requires that pregnant employees be treated the same for all employment related purposes as other employees with respect to their ability or inability to work.

Section 2000e(k) defines discrimination because of sex to include discrimination because of pregnancy.

Gorski v. New Hampshire Department of Corrections · filed 2002-05-24(k)

“because of” a woman’s pregnancy is discrimination “because of” her sex. See 42 U.S.C. § 2000e(k) (“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy . . . .”).

Section 2000e(k) treats discrimination because of pregnancy as sex discrimination under Title VII.

Gorman v. Wells Manufacturing Corp. · filed 2002-07-15(k)

Under both Title VII and the ICRA, to establish a prima facie case of sex discrimination, Gorman must establish that: (1) she was a member of a protected class— pregnant females; (2) she was qualified for her position; and (3) she was discharged under circumstances giving rise to an inference of discrimination. ... The parties agree that as a pregnant female, Gorman was a member of a protected class.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy.

Prebilich-Holland v. Gaylord Entertainment Company, D/B/A Wsm Radio · filed 2002-07-18(k)

Title VII prohibits an employer from discriminating against an employee “because of sex,” which includes discrimination on the basis of pregnancy. 42 U.S.C. § 2000e(k).

Section 2000e(k) requires women affected by pregnancy, childbirth, or related medical conditions to be treated the same as other persons similar in their ability or inability.

Horton v. American Railcar Industries, Inc. · filed 2002-07-23(k)

In fact, the PDA specifically states that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to ivork.” 42 U.S.C. § 2000e(k) (1994) (emphasis added).

Section 2000e(k) defines discrimination because of sex to include discrimination because of pregnancy, childbirth, or related medical conditions and requires comparable treatment for employment purposes.

Solomen v. Redwood Advisory Co. · filed 2002-09-24(k)

In 1978, Congress amended Title VII by enacting the Pregnancy Discrimination Act (“PDA”), which provides in relevant part: The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes ... as other persons not so affected but similar in them ability or inability to work. 42 U.S.C. § 2000e(k)(1994).

Section 2000e(k) includes pregnancy discrimination within discrimination because of sex, and pregnancy discrimination claims are analyzed like other Title VII disparate treatment claims.

Horizon Holdings, L.L.C. v. Genmar Holdings, Inc. · filed 2002-10-02(k)

Ms. O’Tool’s claim is brought pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) (amending Title VII to state that discrimination “because of sex” includes discrimination based on pregnancy). Claims brought under the Pregnancy Discrimination Act are analyzed in the same way as other Title VII claims of disparate treatment.

Section 2000e(k) does not treat infertility standing alone as a medical condition related to pregnancy.

Saks v. Franklin Covey Co. And Franklin Covey Client Sales, Inc. · filed 2003-01-15(k)

Because such a result is incompa-tibie with the PDA’s purpose of clarifying the definition of “because of sex” and the Supreme Court’s interpretation of the PDA in Johnson Controls, we hold that infertility standing alone does not fall within the meaning of the phrase “related medical conditions” under the PDA.

Section 2000e(k) includes pregnancy discrimination within Title VII sex discrimination and does not create a separate cause of action.

Chernova v. Electronic Systems Services, Inc. · filed 2003-02-11(k)

The PDA was enacted to include pregnancy discrimination within the meaning of sexual discrimination under Title VII. 42 U.S.C. § 2000e(k). ... The PDA does not provide a separate cause of action.

Section 2000e(k) includes pregnancy within Title VII’s prohibition on sex discrimination.

Hanson v. Sports Authority · filed 2003-03-11(k)

This statute prohibits discrimination on the basis of sex, which includes pregnancy.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Laxton v. Gap Inc. · filed 2003-06-06(k)

As amended by the first clause of the PDA, Title VII defines the term "because of sex" as including, but not limited to, "because of or on the basis of pregnancy, childbirth, or related medical conditions." 42 U.S.C. § 2000e(k).

Section 2000e(k) includes pregnancy discrimination within sex discrimination, so pregnancy claims are analyzed like other gender discrimination claims.

Ploplis v. Panos Hotel Group, L.L.C. · filed 2003-06-17(k)

These amendments placed pregnancy discrimination into the definition of discrimination due to sex, meaning that plaintiffs claim must be analyzed using the same methods as gender discrimination claims.

Section 2000e(k) covers discrimination based on a woman’s potential to become pregnant.

Walsh v. National Computer Systems, Inc. · filed 2003-06-23(k)

Because Walsh presented evidence that it was her potential to become pregnant in the future that served as a catalyst for Mickelson’s discriminatory behavior, we will not disturb the jury verdict.

Section 2000e(k) requires women affected by pregnancy or childbirth to be treated the same as similarly situated employees not so affected.

Armstrong v. Systems Unlimited · filed 2003-09-08(k)

We conclude Ms. Armstrong did not establish a prima facie case of gender or pregnancy discrimination. The evidence viewed in the light most favorable to Ms. Armstrong establishes only that she was treated the same (although perhaps equally badly) as male and female employees with other types of medical conditions.

Section 2000e(k) defines discrimination because of sex to include discrimination because of pregnancy, childbirth, or related medical conditions.

Venturelli, Celena v. ARC Comm Services · filed 2003-11-26(k)

The phrase “because of sex” has been defined by the Pregnancy Discrimination Act (PDA), through which Congress amended Title VII in 1978, to mean “because of or on the basis of pregnancy, childbirth, or ... related medical conditions.”

Section 2000e(k) requires employers to treat pregnant employees the same as others with a similar ability or inability to work; it does not categorically prohibit terminating a pregnant employee who cannot work.

Cleveland v. Federal Express Corp. · filed 2003-11-28(k)

Yet the PDA does not categorically prohibit the termination of pregnant employees who are unable to work. Rather, the PDA requires that a pregnant employee “shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.... ” 42 U.S.C. § 2000e(k).

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Batka v. Prime Charter, Ltd. · filed 2004-02-04(k)

The Pregnancy Discrimination Act amended the Title VII definition of "because of sex” to specifically include "because of or on the basis of pregnancy, childbirth, or related medical conditions;....” 42 U.S.C. § 2000e(k); see also Saks v. Franklin Covey. Co., 316 F.3d 337, 343 (2d Cir.2003).

Section 2000e(k) includes pregnancy within sex discrimination and requires pregnant workers to be treated the same as others similar in their ability to work.

Stern v. Cintas Corp. · filed 2004-03-23(k)

The Pregnancy Discrimination Act of 1978, which amended Title VII, provides that the term “because of sex” includes “because of ... pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes ... as other persons not so affected but similar in their ability or inability to work.... ” 42 U.S.C. § 2000e(k).

Section 2000e(k) protects pregnant employees from sex discrimination and requires them to be treated the same as employees with a similar ability or inability to work.

Pellegrino v. County of Orange · filed 2004-04-07(k)

The PDA amends Title VII to provide that women “affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work ...” 42 U.S.C. § 2000e(k). ... Defendant argues that Plaintiff failed to establish a prima facie case. I disagree. Plaintiff has produced evidence to support her contentions that (a) she is a member of a protected class (pregnant women); (b) she performed her job satisfactorily; (c) she lost her job; and (d) the process by which she lost her job began shortly after Plaintiffs supervisors learned that she was pregnant.

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex.

Zisumbo v. McLeodusa Telecommunications Services, Inc. · filed 2004-05-11(k)

In 1978, Congress added a definitional section to Title VII, known as the Pregnancy Discrimination Act, which provides in part that “[t]he terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.” Id. at § 2000e(k). A pregnancy discrimination claim is analyzed the same as other Title VII claims.

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex.

Snyder v. Yellow Transp., Inc. · filed 2004-06-14(k)

The Pregnancy Discrimination Act amended the Title VII definition of "because of sex" to specifically include "because of or on the basis of pregnancy, childbirth, or related medical conditions;...." 42 U.S.C. § 2000e(k). ... Evidence on the record supports a finding that Snyder's sex and recent pregnancy were factors considered in the decision to terminate her employment with Yellow.

Section 2000e(k) makes pregnancy discrimination subject to the same principles as other Title VII discrimination claims.

Wills-Hingos v. Raymond Corp. · filed 2004-07-01(k)

Pregnancy discrimination is expressly proscribed under Title VII, 42 U.S.C.2000e-2(a), 42 U.S.C. § 2000e(k); thus, it is subject to the same principles applicable to all Title VII discrimination ... cases and all other employment-related anti-discrimination federal statutes.

Pregnancy-related work restrictions can fall within § 2000e(k) even when they do not establish an ADA disability.

Parker v. Albertson's, Inc. · filed 2004-07-08(k)

The facts of this case before the Court clearly fall within the ambit of the PDA rather than the ADA.

Section 2000e(k) includes pregnancy discrimination within sex discrimination under Title VII.

George v. Russell Stover Candies, Inc. · filed 2004-07-16(k)

The Pregnancy Discrimination Act (“PDA”) amended Title VII to include, within the definition of discrimination based upon sex under Title VII, discrimination based upon pregnancy. 42 U.S.C. § 2000e(k). Summary judgment on that claim must also be reversed since the judgment is based on dismissal of the FMLA claim.

Section 2000e(k) includes discrimination based on pregnancy within discrimination because of sex under Title VII.

Bergman v. Baptist Healthcare System, Inc. · filed 2004-07-28(k)

Title VII and the Kentucky Civil Rights Act prohibit an employer from discriminating against an employee “because of sex,” which includes discrimination on the basis of pregnancy.

Pregnancy qualifies as a protected class under § 2000e(k), and evidence of termination after pregnancy can establish a prima facie case of pregnancy discrimination.

Walker v. Fred Nesbit Distributing, Co. · filed 2004-08-12(k)

Plaintiff and Defendant agree that Walker meets the first and third elements of the prima facie case as Plaintiff belongs to a protected class by virtue of her pregnancy, and she suffered an adverse employment action when Nesbit terminated her employment. ... The Court, taking this evidence in the light most favorable to the Plaintiff, finds that she has met her burden of establishing a prima facie case of pregnancy and sex discrimination.

Section 2000e(k) requires employers to treat pregnancy and comparable nonpregnancy disabilities equally when calculating employment benefits.

Woods v. Qwest Information Technologies · filed 2004-09-10(k)

Accordingly, the 2000 Qwest Plan treats persons who had a break in service for pregnancy differently than those who had a break in service for a nonpregnancy disability, resulting in a present violation of Title VII.

Section 2000e(k) requires a former pregnant employee to show that she was still affected by pregnancy, childbirth, or a related medical condition when the adverse employment action occurred.

Gonzalez v. Biovail Corp. International · filed 2005-01-28(k)

A plaintiff who was not pregnant at or near the time of the adverse employment action, therefore, has an additional burden in-making out a pri-ma facie case—she must demonstrate at the prima facie stage that she was “affected by pregnancy, childbirth or related medical conditions” at the time of the adverse employment action, by introducing evidence sufficient to allow the case to go to a jury.

Section 2000e(k) requires employers to treat pregnant workers the same as other workers and, as applied here, bars requiring an unrequested transfer or light duty because of pregnancy.

Cox v. Gaylord Container Corp. · filed 2005-02-16(k)

The Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) (1978), provides that it is illegal discrimination to treat women differently because of pregnancy, childbirth or related medical conditions. The act specifically requires employers to treat pregnant women the same for "all employment-related purposes, ..., as other persons not so affected." Gaylord had no choice but to keep Laura working. There is no evidence Laura requested light duty or asked to be moved to another assignment, and Gaylord could not have required her to do so.

Section 2000e(k) protects women from discrimination because of pregnancy or potential pregnancy, even when they are not currently pregnant.

Kocak v. Community Health · filed 2005-03-11(k)

Discrimination “because of sex,” under the PDA, must be “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). ... It stands to reason that if, under the PDA, an employee may not be terminated on the basis of her potential to have an abortion, then Kocak cannot be refused employment on the basis of her potential pregnancy.

Section 2000e(k) protects women from employment discrimination based on pregnancy, childbirth, related medical conditions, or potential pregnancy.

Kocak v. Community Health Partners of Ohio, Inc. · filed 2005-03-11(k)

Discrimination “because of sex,” under the PDA, must be “because of or oh the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). ... It stands to reason that if, under the PDA, an employee may not be terminated on the basis of her potential to have an abortion, then Kocak cannot be refused employment on the basis of her potential pregnancy.

Section 2000e(k) requires employer benefit plans to treat the risk of pregnancy no less favorably than similar health risks.

In Re Union Pacific Railroad Employment Practices Litigation · filed 2005-07-22(k)

Because the PDA plainly states that its protection from discrimination, including discrimination in “receipt of benefits under fringe benefit programs,” applies to “women affected by pregnancy” and not merely to pregnant women, the clear language of the statute requires that the Plans treat the risk of pregnancy no less favorably than the Plans treat other similar health risks.

Section 2000e(k) includes pregnancy discrimination within sex discrimination.

Carballo v. Log Cabin Smokehouse · filed 2005-10-28(k)

In 1978, the Pregnancy Discrimination Act (“PDA”) amended Title VII by proscribing discrimination on the basis of “pregnancy and related medical conditions within the definition of sex discrimination.” ... The Court concludes that Carballo has established a prima facie case for pregnancy discrimination. First, Carballo was pregnant.

Section 2000e(k) includes pregnancy-based discrimination within Title VII’s prohibition of sex discrimination.

Calabro v. Westchester BMW, Inc. · filed 2005-11-10(k)

The Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k), a 1978 amendment to Title VII, was enacted to include pregnancy-based discrimination within Title VIPs prohibition of gender-based discrimination.

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions.

Zisumbo v. McCleodusa Telecommunications Services, Inc. · filed 2005-11-23(k)

Title VII makes clear, however, that the term “because of sex” in § 2000e-2(a)(1) includes discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) does not require employers to recalculate service credit for pregnancy leaves taken before the Pregnancy Discrimination Act took effect.

Noreen Hulteen Eleanora Collet, Linda Porter Elizabeth Snyder Communications Workers of America v. At & T Corporation · filed 2006-03-08(k)

There is nothing in the text of the PDA to indicate a clear congressional intent that the provisions of the statute are to be applied in such a way as to change the legal consequences of conduct that occurred prior to the statute's enactment.

Section 2000e(k) includes pregnancy within sex discrimination, and protection can extend to an employee discharged shortly after returning from maternity leave.

Telemaco v. Mobile Paints Manufacturing Co. · filed 2006-03-14(k)

Plaintiffs discharge less than one month after her return from maternity leave certainly gives rise to a reasonable belief that the two events are related and we, therefore, hold that Plaintiff has satisfied the first element of her prima facie case.

Section 2000e(k) covers an employer health plan’s exclusion of prescription contraceptives used for birth control.

Stocking v. AT & T CORPORATION · filed 2006-06-07(k)

Union Pacific makes a persuasive showing, however, that the language of the Pregnancy Act can fairly be read to reach the current subject.

Section 2000e(k) defines discrimination because of sex to include pregnancy, childbirth, and related medical conditions.

Podkovich v. Glazer's Distributors of Iowa, Inc. · filed 2006-08-10(k)

Congress amended Title VII in 1978 with the Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k) et seq., and clarified that the phrase “because of sex” encompasses “pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) includes pregnancy within Title VII’s prohibition on sex discrimination.

Reifer v. Colonial Intermediate Unit 20 · filed 2006-11-07(k)

The PDA provides that sex includes an employee’s pregnancy, which means that discrimination because of an employee’s pregnancy is a violation of Title VII. 42 U.S.C. § 2000e(k).

Section 2000e(k) treats discrimination based on pregnancy as sex discrimination.

Habben v. City of Fort Dodge · filed 2007-01-29(k)

Notwithstanding the Housing Agency Defendants’ supposed confusion about the basis for Habben’s sex discrimination claims, the court finds that those claims are based on Habben’s pregnancy. ... Thus, Habben has alleged a cognizable basis for her sex discrimination claims.

Section 2000e(k) permits a pregnancy discrimination claim even when the employee has given birth before the adverse employment decision.

Figgins v. Advance America Cash Advance Centers of Michigan, Inc. · filed 2007-03-01(k)

The defendants’ argument that this claim should be dismissed because the plaintiff had already given birth when she was terminated has nó merit and is contradicted by Kocak v. Community Health Partners of Ohio, Inc.

Section 2000e(k) prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Batacan v. Reliant Pharmaceuticals, Inc. · filed 2007-04-18(k)

The PDA prohibits discrimination based on “pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) includes pregnancy and childbirth within discrimination because of sex and requires employers to treat pregnant workers like others who are similarly unable to work.

Schlifke v. Trans World Entertainment Corp. · filed 2007-03-27(k)

That amendment makes clear that a prohibition on discrimination “because of sex” encompasses discrimination based on pregnancy or childbirth. ... As a result, employers must treat pregnant women the same as others who are similarly unable to work.

Section 2000e(k) treats discrimination on the basis of pregnancy as sex discrimination under Title VII.

Fjelsta v. Zogg Dermatology · filed 2007-05-29(k)

The Pregnancy Discrimination Act amended Title VII to provide that discrimination “on the basis of pregnancy” is a form of sex discrimination.

Section 2000e(k) includes pregnancy within sex discrimination, so a pregnant employee is in the protected group.

Rohloff v. Metz Baking Co., L.L.C · filed 2007-06-12(k)

The first element is not in dispute here, because the parties agree that Rohloff was pregnant at the time of adverse action against her by the defendants, so that she was a member of a protected group under § 2000e(k) and Iowa Code § 216.6(2)(a).

Section 2000e(k) defines sex discrimination to include discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.

Charles J. Griffin and Julia A. Yarden v. Sisters of Saint Francis, Inc. · filed 2007-07-02(k)

The PDA amends Title VII to define discrimination “because of sex” to include discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) treats discrimination because of pregnancy as sex discrimination under Title VII.

Colon-Muriel v. Asociacion De Suscripcion Conjunta Del Seguro De Responsabilidad Obligatorio · filed 2007-07-30(k)

“The Pregnancy Discrimination Act of 1978 extended the protection against discrimination afforded by Title VII to specifically include discrimination “on the basis of pregnancy”. 42 U.S.C. § 2000e (k).”

Section 2000e(k) defines sex discrimination to include pregnancy discrimination and requires equal treatment for employment related purposes, including fringe benefits.

Hulteen v. At&t Corporation · filed 2007-08-17(k)

By passing the PDA, Congress clarified that discrimination “because of sex” under Title VII included discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). It further added the requirement that employers treat “women affected by pregnancy . . . the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.” Id.

Section 2000e(k) includes pregnancy in Title VII’s protection against sex discrimination; a plaintiff using comparator evidence must show that a better-treated employee was outside the protected class.

Anderson v. GSF Mortgage Corp. · filed 2008-01-25(k)

Plaintiff has not identified any evidence in the Record or even argued in her briefs that Ms. Rivera was not pregnant at the time Plaintiff was terminated. The burden of showing that similarly-situated individuals outside of the protected class were treated more favorably is Plaintiffs, and absent such evidence, summary judgment is warranted.

Section 2000e(k) treats pregnancy discrimination as sex discrimination, so a nonpregnant woman may serve as a comparator for a pregnant plaintiff.

Brockman v. Avaya, Inc. · filed 2008-02-28(k)

Pursuant to the PDA, the issue here is pregnancy, not gender. Plaintiff was not replaced by another pregnant woman, she was replaced by a non-pregnant woman, who according to Plaintiff was treated better than Plaintiff.

Section 2000e(k) defines discrimination because of sex to include discrimination because of pregnancy, childbirth, or related medical conditions.

Lambert v. Erickson · filed 2008-03-31(k)

Title VII’s definition of “because of sex” includes “because of or on the basis of pregnancy, childbirth or, or related medical conditions.” 42 U.S.C. § 2000e(k); see also Saks v. Franklin Covey Co., 316 F.3d 337, 343 (2d Cir.2003).

Section 2000e(k) treats pregnancy discrimination as discrimination on the basis of sex.

Sampath v. Immucor, Inc. · filed 2008-03-31(k)

Sampath was pregnant and thus protected against discrimination on the basis of her sex, as defined under 42 U.S.C. § 2000e(k).

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex under Title VII.

Roberts v. Park Nicollet Health Services · filed 2008-06-24(k)

Title VII makes it an unlawful employment practice to discharge an individual “because of such individual’s sex,” and “because of sex” includes “because of . . . pregnancy, childbirth, or related medical conditions.”