Female Infertility in the Workplace: Understanding the Scope of the Pregnancy Discrimination Act Note
Pregnancy discrimination was once used to marginalize female workers. Today, infertility discrimination is used in much the same way. Employers often refuse to accommodate infertile women who request time off to undergo fertility treatments, forcing them to choose between family and work. Employers have even terminated infertile women because of their potential to strain company resources over a prolonged period of time. In addition, employer-funded health plans rarely provide coverage for fertility treatments, leaving infertile working women at a disadvantage compared to their pregnant counterparts. The Pregnancy Discrimination Act expanded Title VII’s definition of sex discrimination to include discrimination on the basis of pregnancy, childbirth, or related medical conditions, but it did not define “related medical conditions.” This Note argues that infertility is a medical condition related to pregnancy for the purposes of the PDA and advocates that Congress clarify that sex discrimination includes infertility discrimination.
Hayes, Jeanne, "Female Infertility in the Workplace: Understanding the Scope of the Pregnancy Discrimination Act Note" (2010). Connecticut Law Review. 75.