Pregnancy Discrimination and the American Worker
This book explores how the federal courts have addressed the two primary federal statutory protections found in the Pregnancy Discrimination Act and the Americans with Disabilities Act and how law mediates conflict between workplace expectations and the r
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Pregnancy Discrimination and the American Worker Michelle D. Deardorff and James G. Dahl
PREGNANCY DISCRIMINATION AND THE AMERICAN WORKER
Copyright © Michelle D. Deardorff and James G. Dahl 2016 Softcover reprint of the hardcover 1st edition 2016 978-1-137-34304-8 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission. In accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. First published 2016 by PALGRAVE MACMILLAN The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire, RG21 6XS. Palgrave Macmillan in the US is a division of Nature America, Inc., One New York Plaza, Suite 4500, New York, NY 10004-1562. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. ISBN: 978-1-349-56974-8 E-PDF ISBN: 978-1-137-53329-6 DOI: 10.1057/9781137533296 Distribution in the UK, Europe and the rest of the world is by Palgrave Macmillan®, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Library of Congress Cataloging-in-Publication Data Deardorff, Michelle D., author. Pregnancy discrimination and the American worker / Michelle D. Deardorff, James G. Dahl. pages cm Includes bibliographical references and index. 1. Pregnant women—Employment—Law and legislation—United States. 2. Women—Employment—United States. 3. Sex discrimination in employment—United States. I. Dahl, James G. II. Title. KF3467.D43 2015 344.7301’4133—dc23
2015021202
A catalogue record for the book is available from the British Library.
To Dave and Marlise Without your belief in this project and great desire to see it completed, this project would not have ever been finished.
Contents List of Tables
ix
Preface
xi
1
Introduction
1
2
A History of Pregnancy and the Workplace
13
3
Competing Definitions of Equality: Formal and Substantive Equality
39
4
Litigating Pregnancy Discrimination in the Federal Courts
61
5
Identifying Unlawful Pregnancy Discrimination under the PDA
81
6
Pregnancy as a Disability? The Americans with Disabilities Act and the Pregnancy Discrimination Act
117
Beyond Pregnancy: Title VII and the Protection of Related Medical Conditions of Pregnancy
139
Lessons Learned and Emerging Issues
157
7 8
Appendix
171
Notes
175
Bibliogra
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