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PREGNANCY AND MATERNITY LEAVE POLICIES: THE LEGAL ASPECTS

NCJ Number
141584
Journal
FBI Law Enforcement Bulletin Volume: 62 Issue: 3 Dated: (March 1993) Pages: 27- 32
Author(s)
J Higginbotham
Date Published
1993
Length
6 pages
Annotation
As more women join law enforcement, administrators must ensure that policies concerning assignments, promotions, leave, and benefits adequately address the possibility of pregnancy.
Abstract
Title VII of the Civil Rights Act of 1964 was amended in 1978 to provide protection against pregnancy discrimination. The resulting Pregnancy Discrimination Act guarantees that women affected by pregnancy, childbirth, or related medical conditions will not be treated differently than other employees, either less or more favorably. Since passage of this act, courts have addressed various issues related to its implementation that focus on the scope of protection against discrimination, inequitable treatment of pregnant workers and those who are not pregnant, and specific employment practices. Law enforcement administrators must ensure their policies incorporate three basic protections: (1) no policy may discriminate against an employee because of or based on her pregnancy, childbirth, or related medical conditions; (2) women are entitled to equal treatment with respect to employment conditions, benefits, and privileges; and (3) pregnant women who can perform essential functions of their jobs must be allowed to continue in employment and must be treated the same as other temporarily disabled employees when they cannot perform those functions. 33 endnotes