A federal law amending Title VII of the Civil Rights Act of 1964 (Title VII). It expands the coverage of sex discrimination under Title VII to include discrimination based on pregnancy, childbirth, and related medical conditions. The phrase "related medical conditions" is subject to judicial interpretation and may include infertility and abortion.

It prohibits employers from discriminating against covered employees in the terms and conditions of employment, including:

The PDA also prohibits harassment (see Practice Note, Harassment) and retaliation (see Practice Note, Retaliation). It also requires that employers treat employees, who are temporarily unable to perform job functions because of pregnancy or related medical conditions, the same as other employees who are temporarily disabled. Equal treatment includes holding positions open for pregnancy-related leave for the same time period as for disability or sick leave.

Although not binding precedent, EEOC Enforcement Guidance: Pregnancy Discrimination and Related Issues, Q&A Guidance, and a Fact Sheet for Small Businesses: Pregnancy Discrimination provides useful guidance by summarizing key provisions of federal law protecting against pregnancy discrimination, characterizing significant cases, and providing illustrative examples of prohibited and acceptable practices.

For more information on pregnancy discrimination and leave, see Practice Note, Pregnancy and Parental Leave and Article, Key Concepts in Pregnancy Discrimination, Accommodation, and Leave.