Can a leave policy that complies with the FMLA violate Title VII?
Yes. An employee is protected by anti-discrimination laws such as Title VII regardless of how long s/he has been on the job, but an employee is not eligible for FMLA leave until s/he has been employed for 12 months. Thus, an employer policy that denies pregnancy leave during the first year of employment, but provides leave for other medical conditions, would discriminate against pregnant women in violation of Title VII. Additionally, a neutral policy that prohibits any employee from taking sick leave or short-term disability leave during the first year of employment could have a disparate impact on women and thus violate Title VII. Title VII and Family Leave 22. Q: Does Title VII require covered employers to give employees leave to care for an ill child or family member? A: Title VII in itself does not require employers to give employees leave to care for an ill child or family member. However, Title VII prohibits covered employers from discriminating on the basis of race, color, relig
