Defining the Protected Class: Who Qualifies for Protection Under the Pregnancy Discrimination Act?

Abstract

The Pregnancy Discrimination Act (PDA)2 amended Title VII of the Civil Rights Act of 1964' to combat systemic workplace discrimination against women because of their reproductive capacity. Congress drafted the PDA to frame pregnancy discrimination broadly in pursuit of this ambitious goal, intending to protect women "before, during, and after" pregnancy.4 The ambiguity of the Act's text and legislative history, however, has caused confusion in the courts, which have differed in their interpretations of the PDA's scope. Many of these disagreements have centered on what types of employer actions constitute "discrimination" and whether the PDA entitles a woman to accommodation or simply protection from discrimination. This Comment focuses instead on a prior question: who is sufficiently "affected by pregnancy, childbirth, or related medical conditions"' to qualify for the PDA's protection? This preliminary decision is a crucial, yet underexplored, component of the discussion about the PDA's scope.