FMLA
Partnership
FMLA
Handbook
In 1977, the Supreme Court ruled that Title VII of the 1964 Civil Rights Act did not necessarily prohibit discrimination against pregnant women. The Civil Rights Act outlaws discrimination in employment because of sex or on the basis of sex, but the Court failed to recognize that discrimination against pregnant people is discrimination against women alone. The decision of the Supreme Court in General Electric Company v. Gilbert enraged civil rights advocates and federal legislation was deemed necessary to ensure the equality of women in the workplace. Employment policies regarding women explained why women generally remained concentrated in lower paid and less desirable positions. Pregnant women were refused responsible jobs, fired, forced to take unpaid leave regardless of ability to work, and refused the right to use sick leave or vacation leave for pregnancy-related absences. The Supreme Court upheld these traditional practices and denied women disability benefits that were otherwise available to other temporarily disabled employees. Organizations like the AFL-CIO proposed that women be able to work as long as they are able to do so and granted the benefits and privileges that other workers received when they were not physically able to work.
Discriminatory health, disability, and sick leave plans have long been the cause of serious tension among females and their employers. Despite the vast areas of employment discrimination women face, including hiring, pay, benefits, and advancement, the Family and Medical Leave Act of 1993 has provided a more flexible working environment for women and their families. Women are the main users of health care services because of their roles as child bearers and primary caretakers of other family members. FMLA works to address the needs of families today where the majority of both parents are employed and need greater flexibility. Both women and men are granted the benefits described in FMLA, which is truly a sincere indication of the progress that can be achieved through political action and legislation.
Copyright Molly Egan, Jason Wood; Lehigh University 1999