42 U.S.C. § 2000e

Section 2000e(k) protects women affected by pregnancy, childbirth, or related medical conditions; whether a woman remains affected depends on the circumstances.

Helmes v. South Colonie Central School District · filed 2008-07-08(k)

The protected class in pregnancy discrimination cases is “women affected by pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). Whether a woman is “affected by pregnancy, childbirth, or related medical conditions” is a question best answered on a case-by-case basis.

Section 2000e(k) permits a pregnancy discrimination claim to proceed when evidence of less favorable maternity leave treatment could allow a jury to find the employer’s explanation pretextual.

Orr v. City of Albuquerque · filed 2008-07-08(k)

At bottom, then, plaintiffs have presented evidence suggesting that (i) they were required to use sick leave for their maternity leave at a time when, (ii) the Department’s regulations in force permitted the use of vacation time for FMLA leave, and (iii) other employees seeking FMLA leave for purposes unrelated to a pregnancy were routinely allowed to use vacation or compensatory time. Given this evidence and our precedent, we cannot help but conclude that a reasonable jury could find defendants’ proffered justification to be pretextual for intentional discrimination.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires employers to treat pregnant employees no worse than similarly situated employees.

Butz v. Lawns Unlimited Ltd. · filed 2008-07-30(k)

The PDA does not require preferential treatment for pregnant employees but, instead mandates that employers treat pregnant employees the same as non-pregnant employees who are similarly situated with respect to their ability to work.

Section 2000e(k) covers adverse employment action based on a woman’s childbearing capacity, including time off for IVF.

Hall v. Nalco Co. · filed 2008-07-16(k)

Because adverse employment actions taken on account of childbearing capacity affect only women, Hall has stated a cognizable sex-discrimination claim under the language of the PDA.

Section 2000e(k) does not require an employer to give a pregnant employee sick leave, vacation leave, or an early release from work without a request.

Mullins v. U.S. Bank · filed 2008-10-15(k)

Mullins did not cite, nor did the Court find, any authority suggesting that, unlike nonpregnant employees, an employer must place a pregnant employee on sick or vacation leave without a specific request by the employee or grant an early release from work.

Section 2000e(k) protects a woman who intends to become pregnant; a stated wish to start a family can show that intent when the context supports the inference.

Batchelor v. MERCK & CO., INC. · filed 2008-12-10(k)

Here, a finder of fact could very reasonably infer that plaintiff, a married woman in her thirties with several stepchildren, was stating her intent to become pregnant when she told her supervisor that she wanted to “start a family.” Indeed, because most parents produce their own children, rather than adopting, this inference is inherently logical. Therefore, this court rejects defendant’s contention that plaintiff has failed to show that she is a member of a protected class.

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

MERFELD v. Warren County Health Services · filed 2009-02-12(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) requires employers to treat pregnancy-related absences the same as comparable absences of nonpregnant employees.

Elam v. Regions Financial Corp. · filed 2009-03-25(k)

The PDA requires the employer to ignore an employee’s pregnancy, but not her absence from work, unless the employer overlooks the comparable absences of nonpregnant employees, in which event it would not be ignoring pregnancy at all.

Section 2000e(k) treats pregnancy discrimination as sex discrimination, but does not require an employer to recalculate pension benefits based on pregnancy leave taken before the provision took effect.

AT&T Corp. v. Hulteen · filed 2009-05-18(k)

The question is whether an employer necessarily vio lates the Pregnancy Discrimination Act (PDA), 42 U. S. C. §2000e(k), when it pays pension benefits calculated in part under an accrual rule, applied only prior to the PDA, that gave less retirement credit for pregnancy leave than for medical leave generally. We hold there is no necessary violation; and the benefit calculation rule in this case is part of a bona fide seniority system under §703(h) of Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e– 2(h), which insulates it from challenge.

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

Reilly v. Revlon, Inc. · filed 2009-05-12(k)

Moreover, the PDA only requires that women affected by pregnancy or related medical conditions be treated the same as other persons not so affected but similar in their ability or inability to work.

Section 2000e(k) does not require an employer to give additional paid breaks to an employee who already receives the breaks given to other employees.

Puente v. Ridge · filed 2009-05-12(k)

At bottom, Puente asked for a benefit different from that which every other BPA received. While she was allegedly denied that benefit, she never alleges that she received less than the status quo as a result of her request. Assuming without deciding that Puente would fall within the class of persons protected by the PDA, “the PDA does not impose an affirmative obligation on employers to grant preferential treatment . . . .” Urbano v. Cont’l Airlines, Inc., 138 F.3d 204, 207 (5th Cir. 1998) (citing Cal. Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 284-86 (1987)).

Section 2000e(k) defines sex discrimination to include discrimination on the basis of pregnancy.

Muhleisen v. Wear Me Apparel LLC · filed 2009-07-30(k)

The Pregnancy Disability Act amended Title VII to specify that sex discrimination includes discrimination on the basis of pregnancy.

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

Díaz-Figueroa v. Ricoh Puerto Rico, Inc. · filed 2009-10-07(k)

The Pregnancy Discrimination Act of 1978 specifies that the scope of Title VII protection against sex discrimination includes discrimination on the basis of pregnancy. ... In the instant case, there is no dispute as to the first element of Plaintiffs Title VII prima facie showing — Plaintiff was a member of a protected class because of her pregnancy and because she is female.

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

Hyde v. K. B. Home, Inc. · filed 2009-12-01(k)

An employer may not “discharge any individual, or otherwise to discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual's . . . sex,” and, following enactment of the PDA, this includes discrimination on the basis of “pregnancy, childbirth, or related medical conditions.” 42 U.S.C. §§ 2000e- 2(a)(1), 2000e(k); Armindo v. Padlocker, Inc., 209 F.3d 1319, 1320 (11th Cir. 2000) (per curiam).

Section 2000e(k) defines discrimination on the basis of sex to include pregnancy discrimination.

Hall v. Family Care Home Visiting Nurse & Home Care Agency, LLC · filed 2010-03-09(k)

Title VII defines discrimination on the basis of one’s sex to include pregnancy discrimination. 42 U.S.C. § 2000e(k).

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

DeMarco v. CooperVision, Inc. · filed 2010-03-12(k)

Title VII was amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), to enact Congress’s determination that “discrimination based on a woman’s pregnancy is, on its face, discrimination because of her sex.” Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669, 684 (1983).

Section 2000e(k) requires equal treatment of pregnant employees and does not require an employer to excuse pregnancy-related absences unless it excuses comparable absences of other employees.

Elam v. Regions Financial Corp. · filed 2010-04-19(k)

Regions was not required to overlook Elam’s frequent absences from work, even if the absences were caused by her pregnancy, unless it overlooked the frequent absences of other employees.

Section 2000e(k) protects women from employment discrimination based on a recent pregnancy or childbirth, even after pregnancy has ended.

Neessen v. Arona Corp. · filed 2010-04-30(k)

Accordingly, the court finds that the PDA’s protection is broader than Arona’s position suggests and encompasses individuals who have been recently pregnant.

Section 2000e(k) includes pregnancy within discrimination because of sex and requires employers to treat pregnant employees the same as other employees based on their ability to work.

Payne v. Goodman Manufacturing Co. · filed 2010-07-06(k)

The PDA does not require employers to make it easier for pregnant employees to work or to treat them specially. ... 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) treats discrimination based on pregnancy, childbirth, or related medical conditions as sex discrimination and requires equal treatment of workers similar in their ability to work.

Maxwell v. Kelly Services, Inc. · filed 2010-07-07(k)

Discrimination on the basis of “pregnancy, childbirth or related medical conditions” constitutes sex discrimination under Title VII. 42 U.S.C. § 2000e(k). Employers must treat pregnant women “the same ... as other persons not so affected but similar in 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.

Spees v. James Marine, Inc. · filed 2010-08-10(k)

“Because of sex” as used in Title VII includes “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

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

Ward v. ACME PAPER & SUPPLY CO., INC. · filed 2010-08-12(k)

42 U.S.C. § 2000e(k) defines pregnancy discrimination as a form of discrimination on the basis of sex.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires equal treatment of pregnant employees in employment.

Dollman v. Mast Industries, Inc. · filed 2010-08-17(k)

Title VII was amended in 1978 by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), which provides that discrimination “on the basis of sex include[s] ... [discrimination] ‘on the basis of pregnancy1 ... [and] a woman affected by pregnancy shall be treated the same for all employment-related purposes.”

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

Hardee-Guerra v. Shire Pharmaceuticals · filed 2010-08-25(k)

As amended by the Pregnancy Discrimination Act, discrimination “because of sex” or “on the basis of sex” includes discrimination on the basis of pregnancy, childbirth or related medical condition.

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

Herbert v. City of New York · filed 2010-10-08(k)

It is clear that Plaintiff belonged to a protected class: Title VII prohibits discrimination “because of ... sex” and designates “pregnancy, childbirth, or related medical conditions” as one form of sex-based discrimination.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires pregnant employees to be treated like other employees.

Heaphy v. Webster Central School District · filed 2011-01-28(k)

The PDA, which is an amendment to Title VII, incorporates “women affected by pregnancy” into the definition of prohibited gender-based discrimination, 42 U.S.C. § 2000e(k), and requires that pregnant employees not be treated differently from other employees.

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

Weightman v. Bank of New York Mellon Corp. · filed 2011-02-17(k)

Through the Pregnancy Discrimination Act, “Congress explicitly provided that, for the purposes of Title VII, ‘on the basis of sex’ includes discrimination ‘because of or on the basis of pregnancy, childbirth, or related medical conditions.’ ”

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

Andrews v. FANTASY HOUSE, INC. · filed 2011-03-03(k)

Title VII and the MHRA make it an unlawful employment practice to discharge an employee because of sex or pregnancy.

Section 2000e(k) can cover an adverse employment action after childbirth when hostility stemming from the employee’s pregnancy persists until that action.

Greenan v. Board of Educ. of Worcester County · filed 2011-03-08(k)

The effects of pregnancy do not end sharply when the pregnancy itself does. ... The Court finds these allegations sufficient to infer that hostility stemming from Greenan’s pregnancy persisted until, and was a contributing factor in, Kordick’s decision to recommend that Greenan’s contract not be renewed. Greenan’s pregnancy discrimination claim may proceed.

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

Silverman v. Board of Educ. of City of Chicago · filed 2011-03-21(k)

The Pregnancy Discrimination Act of 1978, Pub. L. No. 95-555, added a definition to 42 U.S.C. § 2000e(k) to make clear that “discrimination ... based on a woman’s pregnancy is, on its face, discrimina- tion because of her sex.” Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669, 684 (1983).

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

Wierman v. Casey's General Stores · filed 2011-03-31(k)

As amended by the Pregnancy Discrimination Act of 1978, sex-based discrimination under Title VII includes discrimination based on “pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) prohibits pregnancy discrimination, but a claim fails when the employer gives legitimate reasons for termination and the employee cannot show pretext or discriminatory intent.

Adcock v. Sunquest Properties, Inc. · filed 2011-04-11(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). ... Assuming, arguendo, Adcock has established a prima facie case, we nevertheless affirm the district court’s summary judgment ruling because Sunquest has offered legitimate, nondiscriminatory reasons for terminating Adcock’s employment and Adcock has failed to offer sufficient evidence of pretext or discriminatory intent.

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

Crawford v. DOLGEN CORP. INC. · filed 2011-05-04(k)

The Pregnancy Discrimination Act of 1978 amended Title VII to make unlawful the act of discharging an employee “because of or on the basis of pregnancy, childbirth, or related medical conditions.” ... Plaintiff presents sufficient direct evidence of discrimination to avoid summary judgment on her claim of discriminatory termination.

Section 2000e(k) includes pregnancy discrimination within sex discrimination and prohibits employers from denying women opportunities out of concern for fetal health.

Buchanan-Rushing v. City of Royse City, Texas · filed 2011-06-07(k)

The Pregnancy Discrimination Act prohibits employers from denying women opportunities out of concern for the fetus’s health. ... Taking all evidence as true, the Court finds that a reasonable jury could conclude that Rushing’s pregnancy was the primary motivation behind the decision to place her on involuntary leave and ultimately terminate her position.

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

Equal Employment Opportunity Commission v. High Speed Enterprise, Inc. · filed 2011-06-27(k)

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

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

Brophy v. DAY & ZIMMERMAN HAWTHORNE CORP. · filed 2011-07-05(k)

Under Title VII, discrimination “because of sex” or “on the basis of sex” includes discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires women affected by pregnancy to be treated the same as others similar in their ability or inability to work.

Equal Employment Opportunity Commission v. Bloomberg L.P. · filed 2011-08-16(k)

Thus, to make out a pregnancy discrimination claim, the plaintiff must show that she was treated differently from others who took leave or were otherwise unable or unwilling to perform their duties for reasons unrelated to pregnancy or that she simply was treated differently because of her pregnancy.

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

Martinez-Burgos v. Guayama Corp. · filed 2011-08-26(k)

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

Section 2000e(k) requires employers to treat pregnant employees the same as other employees with a similar ability or inability to work.

U.S. Equal Employment Opportunity Commission v. CTI Global Solutions, Inc. · filed 2011-09-02(k)

Indeed, only where the employer accommodates— or refuses to accommodate — its pregnant employees in a discriminatory manner will courts conclude that employment discrimination may have occurred.

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

Hillins v. Marketing Architects, Inc. · filed 2011-09-06(k)

The Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) provides that discrimination based on “pregnancy, childbirth, or related medical conditions” constitutes sex discrimination for the purposes of Title VII.

Section 2000e(k) treats pregnancy discrimination as sex discrimination and requires employers to treat pregnant employees as well as employees who are not pregnant.

Mashal v. Royal Jordanian Airlines · filed 2011-09-13(k)

In 1978, through the Pregnancy Discrimination Act, pregnancy was brought under the rubric of discrimination on the basis of sex.

Section 2000e(k) requires employees affected by pregnancy to be treated the same as others who are similar in their ability to work.

Slater v. Energy Services Group International Inc. · filed 2011-09-23(k)

The Pregnancy Discrimination Act provides that “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 this case, Slater has not shown that she was held to a higher standard than her predecessor. Like her predecessor, Slater was expected to administer vision tests and accurately report the results. However, the record shows that Slater made a critical error in improperly administering a vision test, unlike her predecessor.

Section 2000e(k) treats pregnancy discrimination as sex discrimination under Title VII, subject to the same methods of proof.

Wiseman v. Autozone, Inc. · filed 2011-09-26(k)

The Pregnancy Discrimination Act amended Title VII to forbid discrimination “because of or on the basis of pregnancy, childbirth or related medical conditions.” 42 U.S.C. § 2000e(k). ... As a result, Wiseman’s claim for pregnancy discrimination is a claim for sex discrimination, and the legal analysis is the same as it would be under the traditional Title VII methods of proof.

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

Makowski v. Smithamundsen · filed 2011-11-09(k)

The PDA amends the definition of gender-based discrimination in Title VII to include discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). ... O’Gara’s alleged statements to Makowski, which are now admitted under Rule 801(d)(2)(D), provide direct evidence that pregnancy was a motivating factor in Makowski’s discharge.

Section 2000e(k) includes pregnancy-related discrimination within discrimination on the basis of sex.

Garlitz v. Alpena Regional Medical Center · filed 2011-12-02(k)

Under Title VII’s express terms, of course, “on the basis of sex” in Title VII includes “on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). Accordingly, Plaintiff need not allege that she was discriminated against because she was a woman — claiming that she was treated differently because of pregnancy-related issues is sufficient.

Section 2000e(k) defines pregnancy-based discrimination as gender discrimination.

Flower v. City of Chicago · filed 2012-03-22(k)

Though not argued by Flower, the Court notes that under Title VII, pregnancy-based discrimination is defined as gender discrimination.

Title VII’s prohibition on sex discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions.

Williams v. Crown Liquors of Broward, Inc. · filed 2012-03-28(k)

The PDA provides that the prohibition in Title VII of the Civil Rights Act of 1964 against employment discrimination on the basis of “sex” includes discrimination “on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) includes pregnancy in sex discrimination and requires evidence that pregnancy or related conditions were treated differently from other medical conditions.

Hobbs v. Ketera Technologies, Inc. · filed 2012-03-30(k)

Evidence of general sex discrimination, however, is not probative of pregnancy discrimination, because the Pregnancy Discrimination Act requires courts to inquire whether the employer treats pregnancy or pregnancy-related conditions differently than other medical conditions.

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

Holland v. Gee · filed 2012-04-17(k)

The Pregnancy Discrimination Act amended Title VII to provide that discrimination on the basis of sex includes discrimination “on the basis of pregnancy, childbirth or related medical conditions.” Id. § 2000e(k).

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

Hamilton v. Southland Christian School, Inc. · filed 2012-05-16(k)

The reason the difference matters is that Title VII does not protect any right to engage in premarital sex, but as amended by the Pregnancy Discrimination Act of 1978, Title VII does protect the right to get pregnant. See 42 U.S.C. §§ 2000e(k), 2000e-2(a)(1)–(2).

Title VII’s definition of sex discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions.

Jeudy v. Attorney General, Department of Justice · filed 2012-07-26(k)

“The Pregnancy Discrimination Act amended Title VII to provide that discrimination on the basis of sex includes discrimination ‘on the basis of pregnancy, childbirth or related medical conditions.’”

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

Govan v. Caterpillar, Inc. · filed 2012-09-26(k)

The PDA makes it clear that Title VII encompasses pregnancy-based discrimination.

Section 2000e(k) includes pregnancy discrimination within sex discrimination; a woman discharged shortly after maternity leave can be compared with nonpregnant women who took over her duties.

Gerdin v. Ceva Freight, L.L.C. · filed 2012-11-08(k)

These undisputed facts are sufficient to satisfy the disputed elements of plaintiffs prima facie case, i.e., that plaintiff was a member of the protected class of pregnant women, and that plaintiff was replaced by employees who were not members of her protected class, i.e., women who were not pregnant.

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

Wright v. Sandestin Investments, LLC · filed 2012-12-12(k)

Pregnancy discrimination claims are analyzed the same as sex discrimination claims under Title VII.

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

Quinlan v. Elysian Hotel Co. · filed 2013-01-04(k)

“The [Pregnancy Discrimination Act] created no new rights or remedies, but clarified the scope of Title VII by recognizing certain inherently gender-specific characteristics that may not form the basis for disparate treatment of employees.”

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

Malave-Torres v. Cusido · filed 2013-01-28(k)

The PDA specifically included pregnancy within the definition of ‘because of sex’ so that Title VII clearly extends its protections to include discrimination due to pregnancy.

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

Mocic v. Sumner County Emergency Medical Services · filed 2013-03-07(k)

As amended by the Pregnancy Discrimination Act, this includes discrimination because of “pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k) (2012).

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

Picard v. Louisiana ex rel. Department of Justice · filed 2013-03-14(k)

As amended by the Pregnancy Discrimination Act, Title VII states “[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; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes.... ” 42 U.S.C. § 2000e(k). ... The Plaintiff does so by presenting evidence that James Calhoun told her they wanted to reassign the case because of her pregnancy, that they were worried that she was pregnant and that it would somehow interfere in the presenting of the trial, and that, at the time of at least of some of these comments, she had not had any issues with her pregnancy. Summary judgment on this claim is therefore denied.

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

Zottola v. Anesthesia Consultants of Savannah, P.C. · filed 2013-03-29(k)

The Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k), provides that the prohibition against sex-based employment discrimination in § 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), applies with equal force to discrimination on the basis of “pregnancy, childbirth, or related medical conditions.” ... Here, the record contains enough non-comparator evidence for a jury to reasonably infer that Defendant discriminated against Plaintiff because she was pregnant.

Discrimination because of sex under Title VII includes discrimination based on pregnancy, childbirth, or related medical conditions.

Hubbard v. Meritage Homes of Florida, Inc. · filed 2013-05-30(k)

The phrase “because of sex” or “on the ... basis of sex” in Title VII includes “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) prohibits pregnancy discrimination, and remarks reflecting a belief that mothers belong at home can be circumstantial evidence of it.

Hitchcock v. Angel Corps Incorporated · filed 2013-06-11(k)

Here, the supervisor’s potentially offensive statements are at least circumstantial evidence of pregnancy discrimi- nation, because they can be a manifestation of precisely the kind of prejudiced belief that the Pregnancy Discrimi- nation Act was designed to combat—the stereotype that women, particularly mothers, belong in the home.

Section 2000e(k) requires employees affected by pregnancy to be treated like other employees with a similar ability or inability to work; a pregnancy discrimination claim also requires an adverse employment action.

Cunningham v. Tennessee Cancer Specialists, PLLC · filed 2013-07-12(k)

Title VII as amended by the PDA provides that “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). ... Because she cannot show an adverse employment action, plaintiffs prima facie case under the PDA fails.

Section 2000e(k) treats discrimination because of pregnancy, childbirth, or related medical conditions as sex discrimination under Title VII.

Heatherly v. Portillo's Hot Dogs, Inc. · filed 2013-07-19(k)

“The Pregnancy Discrimination Act amended Title VII to prohibit employment discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) requires a claimant comparing treatment of employees to show that employees unaffected by pregnancy but similar in their ability or inability to work received better treatment.

Equal Employment Opportunity Commission v. Bloomberg L.P. · filed 2013-09-09(k)

Her reliance on Abdu-Brisson, 239 F.3d at 467-68, is misplaced because the PDA expressly requires that she show that “other persons not so affected [by pregnancy] but similar in their ability or inability to work” received better treatment.

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

Simpson v. Amylin Pharmaceuticals, Inc. · filed 2013-10-03(k)

The Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k), expanded the scope of discrimination based on “sex” to include discrimination on the basis of pregnancy. Accordingly, a pregnancy discrimination claim is analyzed in the same manner as any other sex discrimination claim under Title VII.

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

Peart v. Latham and Watkins LLP · filed 2013-10-23(k)

That Act amended Title VII to prohibit an employer from discriminating “on the basis of pregnancy, childbirth, or related medical conditions,” 42 U.S.C. § 2000e(k), in hiring or firing; compensation; terms, conditions, or privileges of employment; or otherwise limiting, segregating, or classifying employees in a way that would adversely affect their status as employees, 42 U.S.C. § 2000e-2(a).

Section 2000e(k) treats discrimination based on pregnancy or related medical conditions as sex discrimination.

Wilcox v. Cornell University · filed 2013-11-14(k)

Under Title VII, the NYSHRL, and the NYCHRL, discrimination on the basis of a woman’s pregnancy — including because of any “related medical conditions” — constitutes discrimination “on the basis of sex.”

Section 2000e(k) requires employers to treat employees affected by pregnancy the same as other employees similar in their ability or inability to work.

Meadors v. Ulster County · filed 2013-11-21(k)

Based on the evidence in the record and drawing all reasonable inferences in Plaintiff Legg’s favor, the Court finds that she has come forward with sufficient evidence to raise a material issue of fact as to whether Defendants treated her differently than male officers who were similar in their ability or inability to work when they denied her a light duty assignment during her pregnancy.

Section 2000e(k) permits a pregnant employee to compare her treatment with employees who have similar work limitations, even when those limitations have different causes.

Latowski v. Northwoods Nursing Center · filed 2013-12-23(k)

Although these employees differed from Latowski because their medical conditions were work-related, they were similarly situated in their ability to work because they were placed under lifting restrictions of up to fifty pounds.

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

Ames v. Nationwide Mutual Insurance Co · filed 2014-03-13(k)

As amended by the Pregnancy Discrimination Act of 1978, sex- based discrimination under Title VII includes discrimination based on “pregnancy, childbirth, or related medical conditions.” Id. § 2000e(k).

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

Green v. Sanford-Brown College Inc. · filed 2014-05-07(k)

Title VII prohibits employment discrimination on the basis of sex and was amended by Congress in 1978 to include the PDA, which extends protection to pregnant women.

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

Nicole v. King v. Ferguson Enterprises, Inc. · filed 2014-06-04(k)

The term “because of sex” in Title VII includes “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 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.

Taylor v. eCoast Sales Solutions, Ltd. · filed 2014-08-05(k)

Nor does eCoast disagree with Taylor’s suggestion that, if eCoast in fact discharged her because her pregnancy-related medical complications required her to work from home or to stop working at all, that would violate Title VII, which, in relevant part, makes it unlawful for an employer to “discharge any individual . . . because of such individual’s . . . sex,” 42 U.S.C. § 2000e-2(a)(2), defining “because of sex” to include “because of or on the basis of pregnancy, childbirth, or related ... medical conditions,” id. § 2000e(k).

Section 2000e(k) defines discrimination because of sex to include discrimination based on pregnancy, childbirth, or related medical conditions and requires affected women to be treated the same as others with a similar ability to work.

Barrett v. Forest Laboratories, Inc. · filed 2014-08-14(k)

Specifically, the Pregnancy Discrimination Act clarified that discrimination “on the basis of sex” includes discrimination “because of or oh 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).

Section 2000e(k) includes pregnancy and related medical conditions within sex discrimination; a pregnancy discrimination claim requires evidence that the employer knew of the pregnancy.

Yousuf v. Fairview Health Services · filed 2014-10-24(k)

Sex-based discrimination under Title VII includes discrimination based on “pregnancy, childbirth, or related medical conditions.” ... Plaintiffs pregnancy-based discrimination claims must fail because there is no evidence that her supervisors were aware of her pregnancy. Without knowledge, the pregnancy cannot have been a motivating factor in Fairview’s decision to terminate Yousufs employment.

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

Torres-Skair v. Medco Health Solutions of Hidden River, LC · filed 2014-12-04(k)

The term “because of sex” includes “because of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) requires consideration of whether workers compared in a pregnancy discrimination claim are similar in their ability or inability to work.

Peralta v. Roros 940, Inc. · filed 2014-12-10(k)

The PDA also requires consideration of whether asserted comparators are similar in their “ability or inability to work.” 42 U.S.C. § 2000e(k).

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex and requires affected employees to be treated like others similar in their ability to work.

Kaiser v. Trace, Inc. · filed 2014-12-12(k)

The term “because of ... sex” includes pregnancy, childbirth or related medical conditions, and pregnant women should 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). Thus, the Court reviews the instant pregnancy discrimination claim as claim for sex discrimination under Title VII.

Section 2000e(k) extends Title VII’s protection against sex discrimination to discrimination based on pregnancy.

Turner v. Eastconn Regional Education Service Center · filed 2014-12-17(k)

The District Court also did not err in dismissing upon summary judgment Turner’s claim of violation of the PDA, which expressly extends Title VII’s protections against sex discrimination to cover discrimination on the basis of pregnancy.

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

Berry v. Great American Dream, Inc. · filed 2015-02-23(k)

The Pregnancy Discrimination Act (“PDA”) — which amended Title VII— defines the term “ ‘because of sex’ ... [to] include ... because of or on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) expands sex discrimination to include pregnancy, childbirth, or related medical conditions and requires comparable treatment based on ability or inability to work.

Thome v. Department of Homeland Security · filed 2015-02-27(k)

The Pregnancy Discrimination Act (PDA), Pub. L. No. 95-555, 92 Stat. 2076 (1978), codified at 42 U.S.C. § 2000e(k), amended Title VII of the Civil Rights Act by expanding the definition of sex discrimination to include discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” ... The PDA further specifies that women affected by pregnancy, childbirth, or related medical conditions must be treated the same for 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) defines pregnancy discrimination as sex discrimination under Title VII and does not create a separate cause of action.

Young v. United Parcel Service, Inc. · filed 2015-04-10(k)

Although the second clause can be read broadly, we con- clude that its placement in the definitional section of Title VII, and grounding within the confines of sex discrimination under § 703, make clear that it does not create a distinct and independent cause of action.

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

Sanchez-Estrada v. MAPFRE Praico Insurance · filed 2015-09-04(k)

The Pregnancy Discrimination Act of 1978 extended Title VII’s protection against discrimination to specifically include discrimination “on the basis of pregnancy.”

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

Martin v. Winn-Dixie Louisiana, Inc. · filed 2015-09-23(k)

One clause clarifies that discrimination “because of sex” or “on the basis of sex” verboten under Title VII includes “because of or on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) does not cover breastfeeding itself or require employers to accommodate it.

Frederick v. NH · filed 2015-09-30(k)

But, breastfeeding per se is not (yet) covered by the Pregnancy Discrimination Act and, as noted, the PDA does not require affirmative accommodations.

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

U.S. Equal Employment Opportunity Commission v. McLane Co. · filed 2015-10-27(k)

Title VII defines discrimination on the basis of pregnancy as a form of sex discrimination.

Section 2000e(k) prohibits an adverse employment decision motivated by an employee’s pregnancy or related medical condition.

Neidigh v. Select Specialty Hospital-McKeesport · filed 2015-12-11(k)

Moreover, the Court notes that Title VII, as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), "is breached 'whenever an employee’s pregnancy [or related medical condition] is a motivating factor for.the employer’s adverse employment decision.' ” Doe. v. C.A.R.S. Protection Plus, Inc., 527 F.3d 358, 364 (3d Cir.2008) (quoting In re: Carnegie Ctr. Assoc., 129 F.3d 290, 294 (3d Cir.1997)).

Pregnancy-based sex discrimination claims follow the ordinary Title VII analysis; timing alone cannot establish pretext.

Fairchild v. All Amer Check Cashing, Inc. · filed 2016-01-27(k)

Therefore, with respect to evidence of timing, we decline to adopt a different analysis for pregnancy-based sex discrimination claims under Title VII. Although the temporal proximity between the employer learning of the plaintiff’s pregnancy and her termination may support a plaintiff’s claim of pretext, such evidence—without more—is insufficient.

Section 2000e(k) includes pregnancy and related medical conditions within sex discrimination; treatment related to lactation breaks can support a Title VII claim if it constitutes an adverse employment action.

Pawlow v. Department of Emergency Services & Public Protection · filed 2016-03-23(k)

Having established that actions related to lactation can constitute adverse employment actions under Title VII, the question remains whether the Plaintiff has' plead sufficient actions taken by the Department to constitute an adverse employment action.

Section 2000e(k) includes pregnancy discrimination within sex discrimination; a facially neutral accommodation policy may support a disparate treatment claim when it significantly burdens pregnant workers without sufficient justification.

Legg v. Ulster County · filed 2016-04-26(k)

Young held that an employer’s facially neutral accommodation policy gives rise to an inference of pregnancy discrimination if it imposes a significant burden on pregnant employees that is not justified by the employer’s non‐discriminatory explanation. We conclude that Legg has presented sufficient evidence to support a pregnancy discrimination claim under Young and therefore vacate the judgment in part and remand with instructions to conduct a new trial.

Section 2000e(k)’s pregnancy accommodation rule does not automatically extend to disparate treatment claims alleging racial discrimination.

Equal Employment Opportunity Commission v. Catastrophe Management Solutions · filed 2016-09-15(k)

The rationale and holding in Young are based on, and therefore limited to, the language in a specific provision of the PDA. Young is not, as the EEOC suggests, automatically transferable to a disparate treatment case under Title VII involving allegations of intentional racial discrimination.

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

Diaz v. Florida · filed 2016-11-04(k)

As amended by the PDA in 1978, Title VII includes “pregnancy, childbirth, or related medical conditions” in its proscription on discrimination “because of sex.”

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

Kubik v. Central Michigan University Board of Trustees · filed 2016-11-28(k)

Discrimination on the basis of pregnancy or related medical conditions is included in the terms “because of sex” and “on the basis of sex.” 42 U.S.C. § 2000e(k).

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

Richardson v. Northwest Christian University · filed 2017-03-16(k)

Pregnancy discrimination is a subset of sex discrimination.

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

Everts v. Sushi Brokers LLC · filed 2017-03-27(k)

As amended by the Pregnancy Discrimination Act [“PDA”], sex discrimination under Title VII includes discrimination on the basis of pregnancy. 42 U.S.C. § 2000e(k).

Section 2000e(k) covers pregnancy discrimination, but a claimant whose pregnancy ended before the adverse action must show that pregnancy or a related medical condition still affected her.

Anderson v. Boeing Co · filed 2017-06-19(k)

Her pregnancy-based claim fails because she has not shown that she was either pregnant at or near the time of her termination, or that she remained affected by a pregnancy- or childbirth-related medical condition.

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

Everett v. Grady Memorial Hospital Corp. · filed 2017-08-15(k)

The Pregnancy Discrimination Act amended Title VII to extend its protections to pregnancy, making clear that the terms “because of sex” or “on the basis of sex” include “because of or on the basis of pregnancy, childbirth, or related medical conditions.”

Section 2000e(k) prohibits an employer from changing a pregnant employee’s work schedule based on assumptions about her pregnancy or future childbirth.

U.S. Equal Employment Opportunity Commission v. Bob Evans Farms, LLC · filed 2017-08-17(k)

Bob Evans’ concern for a perfectly predictable schedule based as it was here on its assumptions about Macioce’s pregnancy cannot shield its conduct.

Section 2000e(k) permits disparate treatment claims based on pregnancy, childbirth, or related medical conditions.

Webster v. United States Department of Energy · filed 2017-08-25(k)

Plaintiffs may bring disparate treatment claims under the Section 2000e(k).

Section 2000e(k) includes lactation and expressing breast milk within the pregnancy-related conditions protected from sex discrimination.

Grewcock v. Yale New Haven Health Servs. Corp. · filed 2017-12-12(k)

I conclude that a nursing mother's ability to engage in nursing-related activity like expressing breast milk is subject to protection from discrimination under both Title VII and CFEPA. ... Title VII-as more recently amended by the Pregnancy Discrimination Act (PDA)-provides in relevant part that discrimination on the basis of sex includes discrimination "because of or on the basis of pregnancy, childbirth, or related medical condition." 42 U.S.C. § 2000e(k).

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

Adduci v. Fed. Express Corp. · filed 2018-03-21(k)

In order to show a prima facie violation of the Pregnancy Discrimination Act, therefore, Adduci would have to identify co-workers who were of similar ability or inability to work and who were given temporary reassignment work.

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

Mercado-Reyes v. City of Angels, Inc. · filed 2018-06-26(k)

"Because of sex" includes "because of or on the basis of pregnancy, childbirth, or related medical conditions." ... A reasonable jury could find Mercado's testimony credible and determine that VHC discharged her on the basis of her sex and pregnancy, violating her rights pursuant to Title VII, Law 3, and Law 100.

Section 2000e(k) requires employers to treat women affected by pregnancy the same as other persons similar in their ability or inability to work.

Rodriguez v. Quest Diagnostics, Inc. · filed 2018-07-02(k)

Title VII requires employers to treat “women affected by pregnancy . . . 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) defines discrimination because of sex to include discrimination because of pregnancy, childbirth, or related medical conditions.

Scheidt v. Floor Covering Associates, Inc. · filed 2018-09-28(k)

Furthermore, “Congress explicitly extended Title VII protection to pregnant women through the Pregnancy Discrimination Act of 1978 [the “PDA”], which prohibits employment discrimination ‘because of or on the basis of pregnancy, childbirth, or related medical conditions.’” Id. (quoting 42 U.S.C. § 2000e(k)).

Section 2000e(k) protects against discrimination related to pregnancy, childbirth, and related medical conditions beyond the period of pregnancy.

Poague v. Huntsville Wholesale Furniture · filed 2019-02-20(k)

The PDA does not provide protections only during one's pregnancy.

Section 2000e(k) focuses pregnancy discrimination comparator analysis on workers’ ability or inability to work.

Lewis v. City of Union City, Georgia · filed 2019-03-21(k)

As the italicized language makes clear, the comparator analysis under the PDA focuses on a single criterion—one’s ability to do the job.

Section 2000e(k) prohibits pregnancy-based disparate treatment but does not require employers to accommodate pregnancy without evidence of such treatment.

Portillo v. Il Creations Inc. · filed 2019-03-31(k)

As Defendant correctly observes, Title VII imposes no such free-standing obligation on employers to accommodate on the basis of pregnancy.

Section 2000e(k) requires a pregnancy-discrimination plaintiff to identify nonpregnant employees similarly limited in their ability to work when using them as comparators.

Santos v. Wincor Nixdorf, Incorporated · filed 2019-08-07(k)

As we have explained, Santos has not shown that any other Wincor employee was similarly unable to work in the office for the same duration and at the same stage of his or her employment.

Section 2000e(k) protects employees affected by pregnancy even if they are no longer pregnant when an adverse employment decision occurs.

Bonner-Gibson v. Genesis Engineering Group, LLC · filed 2019-08-14(k)

With regard to the first element, it is enough that Bonner-Gibson was pregnant during the period relevant to the case, even if she was no longer pregnant when she was fired.

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

Graziano v. First Choice Medical PLLC · filed 2019-09-13(k)

Title VII prohibits discrimination on the basis of gender, and “[t]he Pregnancy Discrimination Act amended Title VII’s definition of gender discrimination to include disparate treatment “‘because of or on the basis of pregnancy, childbirth, or related medical conditions.’” Baffa, 2013 WL 5234231 at *7 (quoting Title VII § 2000e(k) and citing Saks v. Franklin Covey Co., 316 F.3d 337, 343 (2d Cir. 2003)).

Pregnancy discrimination claims under § 2000e(k) are analyzed in the same manner as other Title VII discrimination claims.

Levins v. Criterion Supply, Inc. · filed 2019-10-22(k)

A discrimination claim under the PDA is analyzed in the same manner as other Title VII discrimination claims.

Section 2000e(k) treats discrimination based on pregnancy as sex discrimination and requires pregnant employees to be treated the same as others similar in their ability or inability to work.

JONES v. JEFFERSON UNIVERSITY HOSPITAL · filed 2019-10-29(k)

The first clause amends Title VII of the Civil Rights Act of 1964 (“Title VII”), providing that discrimination on the basis of “pregnancy, childbirth, or related medical conditions” is a form of unlawful sex discrimination. The second clause provides that “women affected by pregnancy, childbirth, or related medical conditions” have a right to be treated the same as those “not so affected but similar in their ability or inability to work.” 42 U.S.C. § 2000e(k).

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

MacEachern v. Creative Solutions Group, Inc. · filed 2019-11-01(k)

Under the Pregnancy Discrimination Act portion of Title VII, discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions is defined as a kind of prohibited sex discrimination.

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

Thao Rim v. Laboratory Management Consultants, Inc. · filed 2019-11-12(k)

The Pregnancy Discrimination Act (“PDA”) expressly extends Title VII’s prohibition against sex discrimination to discrimination based on pregnancy.

Section 2000e(k) makes pregnancy discrimination actionable under Title VII, and the timing of a termination can support a prima facie inference of pregnancy discrimination.

Lenzi v. Systemax, Inc. · filed 2019-12-06(k)

It provides, in relevant part, 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). ... This timeline of events is sufficient to raise the inference, at the prima facie case stage, that Systemax discriminated against Markou because of her pregnancy. We therefore vacate the district court’s dismissal of Markou’s PDA and related state‐law claims.

A pregnancy discrimination claim under § 2000e(k) requires evidence supporting a prima facie case.

Levins v. Criterion Supply, Inc. · filed 2019-12-10(k)

For the foregoing reasons, Plaintiff has failed to establish a prima facie case of pregnancy discrimination under either the PDA or Chapter 21.

Section 2000e(k) can protect a woman from pregnancy discrimination even if she is no longer pregnant when terminated.

Choi v. Ferrellgas, Inc. · filed 2020-01-10(k)

As to the claims concerning the Plaintiff’s termination, the Plaintiff correctly argues that a plaintiff “need not be pregnant at the time of termination to be a member of the PDA’s protected class.” Briggs v. Women in Need, Inc., 819 F. Supp. 2d 119, 127 (E.D.N.Y. 2011); see also Albin v. LVMH Moet Louis Vuitton, Inc., No. 13-CV-4356, 2014 WL 3585492, at *4 (S.D.N.Y. Jul. 8, 2014).

The decisionmakers’ shared gender with a pregnant employee does not defeat a pregnancy discrimination claim under § 2000e(k).

Xiang v. Eagle Enterprises, LLC · filed 2020-01-16(k)

Because Xiang has exclusively pled employment discrimination on the basis of her pregnancy, the shared gender of Xiang and her superiors does not undermine Xiang’s prima facie showing of discrimination.

An employee who was not pregnant near the adverse employment action must show that pregnancy, childbirth, or a related medical condition still affected her when the action occurred.

HARRELL v. SOLEBURY TOWNSHIP · filed 2020-02-20(k)

Because Officer Harrell was not pregnant at or around the time of the promotion of Officers Ferzetti and Klosterman, she has an additional burden in making out a prima facie case.

Section 2000e(k) covers discrimination because of pregnancy even if the employee is no longer pregnant when the discrimination occurs.

Ward v. Sevier County Government · filed 2020-02-24(k)

Further, it is irrelevant whether Plaintiff was pregnant at the time of the discrimination if Plaintiff demonstrates she was discriminated against because of her pregnancy.

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

Webster v. United States Department of Energy · filed 2020-03-10(k)

It mandates that “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) includes pregnancy discrimination within discrimination because of sex under Title VII.

Ruddy v. Bluestream Professional Services LLC · filed 2020-03-12(k)

Specifically, Title VII was amended to include pregnancy discrimination within the meaning of sex discrimination. ... Accordingly, although plaintiff frames her claims as being brought under both statutes, the analysis will focus solely on Title VII, which incorporates the PDA.

Section 2000e(k) treats pregnancy as a form of sex discrimination; an accommodation need not replace hours from extra shifts that were never guaranteed.

Felumero v. Modest Community Services Association, Inc. · filed 2020-03-31(k)

Contrary to Plaintiff’s contention, the resulting reduction in extra work hours does not render the accommodation insufficient. As a part-time employee, Felumero never was guaranteed, or entitled to, a full-time work schedule of forty hours per week.

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

Oquendo v. Costco Wholesale Corporation · filed 2020-04-07(k)

The Pregnancy Discrimination Act of 1978 (“PDA”) extended Title VII’s protection against discrimination to specifically include discrimination “because of or on the basis of pregnancy, childbirth or related medical conditions.” 42 U.S.C. § 2000e(k).

Section 2000e(k) defines pregnancy discrimination as a form of sex discrimination.

Brown v. Advanced Concept Innovations, LLC · filed 2020-04-28(k)

The Court additionally notes that “[p]regnancy discrimination is–by statutory definition–a subset of sex discrimination.”

Section 2000e(k) makes Title VII’s ban on sex discrimination cover pregnancy; direct evidence that pregnancy motivated a firing can defeat summary judgment on a PDA claim.

Bielawski v. Davis Roberts Boeller & Rife, P.A. · filed 2020-06-01(k)

“The PDA provides that the prohibition against sex-based employment discrimination in § 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), applies with equal force to discrimination on the basis of ‘pregnancy, childbirth, or related medical conditions.’” ... As plaintiff has adduced direct evidence that her pregnancy “was a motivating factor” in her termination, 42 U.S.C. § 2000e-2(m), the Court finds summary judgment is inappropriate for both the PDA and FCRA claims.

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

Complete Care Med. Ctr. Vs. Beckstead · filed 2020-07-01(k)

From that testimony, the district court concluded that Complete Care violated Beckstead and Derrwaldt's rights under Title VII of the 1964 Civil Rights Act, which makes it unlawful for an employer ... 42 U.S.C. § 2000e(k) (2012) (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 . . . ."); ... We conclude that substantial evidence supports the district court's ultimate finding of liability here.

Section 2000e(k)(2) includes pregnancy, childbirth, and related medical conditions, including lactation, within sex discrimination under Title VII.

Vazquez v. Mayorkas · filed 2020-06-17(k)(2)

As a result of the Pregnancy Discrimination Act, sex discrimination under Title VII incorporates “pregnancy, childbirth, or related medical conditions,” 42 U.S.C. § 2000e(k)(2), which courts have generally held includes lactation.

Section 2000e(k) treats pregnancy discrimination as sex discrimination; a plaintiff must show that pregnancy caused the adverse employment action.

Eggl v. Chosen Healthcare · filed 2020-07-20(k)

Title VII prohibits discrimination on the basis of sex, including discrimination “on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). ... Based on the facts and evidence presented–or rather, the lack of evidence, as discussed below–Eggl fails to establish the necessary elements of a prima facie case of pregnancy discrimination, and that is fatal to her claim.

Section 2000e(k) includes pregnancy and childbirth in sex discrimination, but a remote-work arrangement based on childcare needs after maternity leave does not involve pregnancy or childbirth.

Battino v. Redi-Carpet Sales of Utah · filed 2020-07-07(k)

Ms. Battino’s temporary arrangement to work remotely after her medical maternity leave had concluded was an accommodation negotiated by Ms. Battino based on her childcare needs and did not involve her actual pregnancy, childbirth, or status as a woman.

Section 2000e(k) protects breastfeeding as a pregnancy-related condition but does not require an employer to provide a special accommodation without evidence of more favorable treatment of similarly situated employees.

Rollins v. Banker Lopez & Gassler, PA · filed 2020-07-30(k)

The PDA amended Title VII to include “pregnancy, childbirth, or related medical conditions” in its definition of sex-based discrimination. ... Hicks did not suggest that a plaintiff can establish a claim of pregnancy discrimination simply by pointing out that she did not receive a sufficient accommodation for her breastfeeding.

Section 2000e(k) includes pregnancy, childbirth, and related medical conditions within discrimination because of sex and requires equal treatment of workers with similar ability to work.

Savignac v. Jones Day · filed 2020-09-04(k)

The PDA added a definition of “because of sex” to include “because of or on the basis of pregnancy, childbirth, or related medical conditions,” and clarified 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.” Id. § 2000e(k).

Section 2000e(k) requires pregnant employees to be treated the same as other employees similar in their ability or inability to work.

MALDONADO-TORRES v. CUSTOMIZED DISTRIBUTION SERVICES, INC. · filed 2020-09-21(k)

Viewing the record in the light most favorable to the Plaintiff, this Court finds that there is a genuine dispute as to whether Plaintiff was similarly situated in her “ability or inability to work” as Brooks and Reyes.

Section 2000e(k) makes discrimination based on pregnancy, childbirth, or related medical conditions a form of sex discrimination under Title VII.

Acevedo-Milan v. Home Etc. Incorporado · filed 2020-09-30(k)

The Pregnancy Discrimination Act of 1978 (“PDA”) extended Title VII’s protection against discrimination to specifically include discrimination “because of or on the basis of pregnancy, childbirth or related medical conditions.” 42 U.S.C. § 2000e(k). ... Hence, PDA clarified that Title VII’s prohibition against sex discrimination applies to discrimination based on pregnancy.

Section 2000e(k) requires a pregnant employee bringing a disparate impact claim to show that some pregnant employees have a similar ability or inability to work as nonpregnant employees who receive the requested accommodation.

Legg v. Ulster County · filed 2020-10-29(k)

The Act establishes no assumptions about a pregnant woman’s ability or inability to work. Therefore, to establish a prima facie case, a plaintiff pursuing a disparate impact claim under the Act must demonstrate, at a minimum, that some pregnant women are “similar in their ability or inability to work” to non-pregnant comparators receiving the accommodations sought by the plaintiff.

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

Singh v. Knuckles, Komosinski & Manfro, LLP · filed 2020-11-16(k)

“The Pregnancy Discrimination Act makes clear that Title VII's prohibition against sex discrimination applies to discrimination based on pregnancy.” Young v. United Parcel Service, Inc., 135 S. Ct. 1338, 1344-45 (2015). See also 42 U.S.C. §2000e(k).

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

Larkin-Gallagher v. Champlain Valley Physicians Hospital Medical Center · filed 2020-12-02(k)

The PDA accomplished this by “amend[ing] Title VII’s definition of discrimination ‘because of sex’ to include discrimination ‘because of or on the basis of pregnancy, childbirth, or related medical conditions.’” Saks v. Franklin Covey Co., 316 F.3d 337, 343 (2d Cir. 2003) (quoting 42 U.S.C. § 2000e(k)).

Section 2000e(k) includes pregnancy discrimination within sex discrimination and requires women affected by pregnancy to receive the same employment treatment as comparable workers.

Coates v. Washoe County School District · filed 2020-12-04(k)

Title VII, as amended in 1978, includes the Pregnancy Discrimination Act, which provides that “sex discrimination includes discrimination based on ‘pregnancy, childbirth, or related medical conditions;” and that “women affected by [these 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.’” Id. (quoting 42 U.S.C. § 2000e(k)); Falk v. City of Glendale, Civil Action No. 12-cv-00925-JLK, 2012 WL 2390556, at *3 (D. Colo. June 25, 2012). ... However, the Court finds that plaintiff’s allegation that she was assigned a part-time position, when at least six full-time positions existed, supports an inference that the District treated other individuals not in her protected class differently.

Section 2000e(k) does not allow an employer to justify pregnancy discrimination by citing fears of liability for fetal injury.

Scott v. Social Involvement Missions, Inc. · filed 2020-12-09(k)

Moreover, an employer’s fears of tort liability for potential fetal injuries is not a valid defense to claims of unlawful pregnancy discrimination.

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

Hall v. Dolgencorp LLC · filed 2020-12-16(k)

The Pregnancy Discrimination Act amended Title VII, elaborating that “because of sex” includes “because of . . . pregnancy, childbirth, or related medical conditions.” Id. § 2000e(k).

Section 2000e(k) requires employers to treat women affected by pregnancy, childbirth, or related medical conditions the same as others with a similar ability or inability to work.

Pennucci-Anderson v. Ochsner Health System · filed 2021-01-25(k)

The Pregnancy Discrimination Act clarified that this extends to discrimination “because or on the basis of pregnancy, childbirth, or related medical conditions,” and requires employers to treat women affected by such conditions “the same for all employment- related purposes ... as other persons not so affected but similar in their ability or inability to work.”

Pregnant employees may use employees given light duty for occupational injuries as comparators when they are similar in their ability or inability to work.

Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP · filed 2021-02-19(k)

In any event, contrary to defendant’s contention, Young abrogated the decision in Serednyj. ... The Court in Young made clear that a plaintiff's burden in establishing a prima facie case is “not onerous” and that the fourth prong requires only that plaintiff show that her employer accommodated others “similar in their ability or inability to work.”

Section 2000e(k)’s reference to a pregnant worker’s ability or inability to work does not require a temporary disability.

LaBarbera v. NYU Winthrop Hospital · filed 2021-03-16(k)

A pregnant woman’s “ability or inability” can, of course, reflect temporary disability – but it does not have to.

Section 2000e(k) extends Title VII’s protection to discrimination based on pregnancy, childbirth, or related medical conditions.

Moore v. The Michaels Organization, LLC · filed 2021-03-23(k)

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

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

Boothe v. Circle K Stores Inc · filed 2021-04-09(k)

The phrase “because of sex” in Title VII includes “because of . . . pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k).

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

Konczal v. Zim Tim, LLC · filed 2021-04-15(k)

The law defines discrimination “because of sex” to include discrimination “on the basis of pregnancy.” 42 U.S.C. § 2000e(k); see Tysinger v. Police Dep’t of City of Zanesville, 463 F.3d 569 (6th Cir. 2006) (“Under the Pregnancy Discrimination Act provisions of Title VII, discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions is defined as a kind of sex discrimination and is prohibited.”).

Section 2000e(k)'s pregnancy discrimination protection does not cover discrimination based on caregiver status.

Alvarado v. Northwest Fire District · filed 2021-04-27(k)

Alvarado argues that she was discriminated against based on her status as a caregiver. However, the Pregnancy Discrimination Act does not cover such discrimination and Alvarado did not plead a separate claim of sex discrimination under Title VII related to caregiving responsibilities.