It Doesn't Work At Work: Pregnancy Discrimination in the Workplace

The California disability insurance program was entirely self-funded by the required contribution of one percent of wages annually by participating employees.13 The program functioned according to insurance concepts; not every disabling condition was covered.14 Disabilities of less than eight days were not covered unless the employee was hospitalized and no benefits were payable beyond 26 weeks for a single disability.15 No benefits were payable if the employee were committed as an alcoholic, drug addict, or sexual psychopath.16 And no benefits were payable for disabling conditions attributable to pregnancy.17 Four female employees who had paid into the disability program and were denied benefits for disabilities resulting from their pregnancies challenged the constitutionality of the program.18 At the U.S. District Court, the plaintiffs won.19 That court held that the pregnancy-related exclusion was "not based on a classification having a rational and substantial relationship to a legitimate state purpose. Since federal law lacks clarity, many states and municipalities have adopted laws to require accommodations for pregnant employees, and this trend is likely to continue.