The League of Iowa Human & Civil Rights Agencies is an informal statewide organization comprised of the Iowa Civil Rights Commission (ICRC), the Iowa Department of Human Rights (DHR) and local civil and human rights commissions throughout the state of Iowa. This blog provides information about federal and state civil rights laws impacting Iowans. To learn more about the League, please visit http://www.leagueofiowahumanrights.com/.




Tuesday, December 7, 2010

What Areas of Pregnancy Discrimination Do the Iowa Civil Rights Act and Title VII Address?

Hiring and Termination
An employer cannot terminate or refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job, with or without accommodation. An employer cannot terminate or refuse to hire her because of the employer's prejudices against pregnant workers or the prejudices of co-workers, clients, or customers.

Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employees is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.

Pregnant workers must be permitted to work as long as they are able to perform their jobs. If an employees has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.

Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

If a health insurance plan excludes benefit payments for pre-existing conditions when the insured coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.

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