What Protection Do Women Have When Reproduction Conflicts with Work?
The main piece of legislation affecting such conflicts is the Pregnancy Discrimination Act of 1978, which amended Title VII. Prior to the enactment of the PDA, the Supreme Court, in General Electric v. Gilbert, had interpreted Title VII to exclude pregnancy discrimination from its protection. The PDA specifically overruled the ruling in that case and made clear that Title VII’s ban on sex discrimination included discrimination on the basis of “pregnancy, childbirth, or related medical conditions.” The PDA also guarantees that employers must treat pregnant workers at least as well as they treat comparably disabled workers with respect to leave, insurance benefits, and so on. What does any of this have to do with fertility treatments? The question in Hall, a matter of first impression in the Seventh Circuit, was this: Does infertility qualify as a “related medical condition” because it relates to women’s intention or potential to become pregnant? Is Infertility Discrimination Also Pregna
