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Document Type

Article

Abstract

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women in the workplace.

This note will examine the history of the Pregnancy Discrimination Act (PDA) and some of the relevant case law that informs its application, while arguing that the state of Georgia should adopt legislation that strengthens protections for pregnant women in the workplace. The note will then analyze the Supreme Court’s recent ruling in Young v. United Parcel Service and discuss the manner in which the decision will impact future jurisprudence concerning the Pregnancy Discrimination Act. Finally, the note will examine the state of pregnancy discrimination law in Georgia and how Georgia has dealt with the question of pregnancy existing as a disability requiring reasonable accommodations from employers.