Employment Law Newsletters
the Fair Labor Standards Act)
Although pregnancy discrimination would arguably fall under the general sex discrimination prohibition of Title VII of the Civil Rights Act of 1964, courts did not always see it that way. In particular, courts ruled in the 1970s that temporary disability benefits programs that excluded pregnant women did not violate Title VII. Through an amendment to Title VII, known as the Pregnancy Discrimination Act of 1978 (PDA), Congress clearly specified that discrimination based upon pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.
Sexual harassment in the workplace is discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Sexual Harassment, although not specifically mentioned in Title VII, is broadly defined by Equal Employment Opportunity Commission (EEOC) guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
In 1992, Congress sought to address "problems created by the simultaneous convergence of broad economic, social, cultural, political, and technological changes in the workplace" and established the National Center for the Workplace (NCW).
In addition to the Social Security program established to assist retired and disabled individuals, the Social Security Act of 1935 included a provision for a federal/state unemployment insurance program. This program provides payments to individuals who have lost their jobs, typically through no fault of their own. These payments, which are subject to certain eligibility requirements and are paid for through employer payroll taxes.