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  • If there is direct evidence that pregnancy-related animus motivated an employer's decision to deny a pregnant employee light duty, it is not necessary for the employee to show that another employee was treated more favorably than she was. The employee's supervisor is aware that the employee is pregnant and knows that there are light duty positions available that the pregnant employee could perform.

    Nevertheless, the supervisor denies the request, telling the employee that having a pregnant worker in the workplace is just too much of a liability for the company. It is not necessary in this instance that the pregnant worker produce evidence of a non-pregnant worker similar in his or her ability or inability to work who was given a light duty position.

    Green [97] in order to establish an intentional violation of the PDA where there is direct evidence that pregnancy-related animus motivated the denial of light duty. Absent such evidence, however, a plaintiff must produce evidence that a similarly situated worker was treated differently or more favorably than the pregnant worker to establish a prima facie case of discrimination.

    According to the Supreme Court's decision in Young v.

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    Once the employee has established a prima facie case, the employer must articulate a legitimate, non-discriminatory reason for treating the pregnant worker differently than a non-pregnant worker similar in his or her ability or inability to work. Young explains that [t]he plaintiff may reach a jury on this issue by providing sufficient evidence that the employer's policies impose a significant burden on pregnant workers, and that the employer's "legitimate, nondiscriminatory" reasons are not sufficiently strong to justify the burden, but rather-when considered along with the burden imposed-give rise to an inference of intentional discrimination.

    The request was not granted because the police department had a policy limiting light duty to employees injured on the job. Therefore, Leslie was required to use her accumulated leave for the period during which she could not perform her normal patrol duties. In her subsequent lawsuit, Leslie proved that since substantially all employees denied light duty were pregnant women, the police department's light duty policy had an adverse impact on pregnant officers.

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    The police department claimed that state law required it to pay officers injured on the job regardless of whether they worked and that the light duty policy enabled taxpayers to receive some benefit from the salaries paid to those officers. However, there was evidence that an officer not injured on the job was assigned to light duty.

    This evidence contradicted the police department's claim that it truly had a business necessity for its policy.

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    Disparate Treatment [] An employer may not compel an employee to take leave because she is pregnant, as long as she is able to perform her job. Such an action violates Title VII even if the employer believes it is acting in the employee's best interest. When she advised the site foreman that she was pregnant, the foreman told her that she would no longer be able to work since she could harm herself with the bending and pushing required in the daily tasks. She explained that she felt fine and that her doctor had not mentioned that she should change any of her current activities, including work, and did not indicate any particular concern that she would have to stop working.

    The foreman placed Lena immediately on unpaid leave for the duration of her pregnancy. Lena's leave was exhausted before she gave birth and she was ultimately discharged from her job.

    Lena's discharge was due to stereotypes about pregnancy. Similarly, an employer may not impose a shorter maximum period for pregnancy-related leave than for other types of medical or short-term disability leave.

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    Title VII does not, however, require an employer to grant pregnancy-related medical leave or parental leave or to treat pregnancy-related absences more favorably than absences for other medical conditions. The employer denied her request, although its sick leave policy permitted such leave to be granted.

    Jill's supervisor had recommended that the company deny the request, arguing that her absence would present staffing problems and noting that this request could turn into additional leave requests if her medical condition did not improve. Jill was unable to report to work due to her medical condition, and was discharged.

    The evidence shows that the alleged staffing problems were not significant and that the employer had approved requests by non-pregnant employees for extended sick leave under similar circumstances. Moreover, the employer's concern that Jill would likely request additional leave was based on a stereotypical assumption about pregnant workers. Her employer denies the request because its policy providing paid medical leave requires employees to be employed at least 90 days to be eligible for such leave.

    Michelle had only been employed for 65 days at the time of her request. There was no evidence that non-pregnant employees with less than 90 days of service were provided medical leave. Because the leave decision was made in accordance with the eligibility rules, and not because of Michelle's pregnancy, there is no evidence of pregnancy discrimination under a disparate treatment analysis.

    Disparate Impact A policy that restricts leave might disproportionately impact pregnant women. For example, a day ceiling on sick leave and a policy denying sick leave during the first year of employment have been found to disparately impact pregnant women.

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    An employer must have supporting evidence to justify its policy. Business necessity cannot be established by a mere articulation of reasons.

    Thus, one court refused to find business necessity where the employer argued that it provided no leave to employees who had worked less than one year because it had a high turnover rate and wanted to allow leave only to those who had demonstrated "staying power," but provided no supporting evidence.

    Leave related to pregnancy, childbirth, or related medical conditions can be limited to women affected by those conditions. The employer also offers new parents, whether male or female, six weeks of parental leave. A male employee alleges that this policy is discriminatory as it gives up to 16 weeks of leave to women and only six weeks of leave to men.

    The employer's policy does not violate Title VII. Women and men both receive six weeks of parental leave, and women who give birth receive up to an additional 10 weeks of leave for recovery from pregnancy and childbirth under the short-term disability plan. EXAMPLE 15 Discriminatory Parental Leave Policy In addition to providing medical leave for women with pregnancy-related conditions and for new mothers to recover from childbirth, an employer provides six additional months of paid leave for new mothers to bond with and care for their new baby.

    The employer does not provide any paid parental leave for fathers. The employer's policy violates Title VII because it does not provide paid parental leave on equal terms to women and men. Generally As with other fringe benefits, employers who offer employees health insurance must include coverage of pregnancy, childbirth, and related medical conditions. If the plan covers pre-existing conditions, then it must cover the costs of an insured employee's pre-existing pregnancy.

    If the medical benefits are subject to a deductible, pregnancy-related medical costs may not be subject to a higher deductible.

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    The plan may not impose limitations applicable only to pregnancy-related medical expenses for any services, such as doctor's office visits, laboratory tests, x-rays, ambulance service, or recovery room use. The plan must cover prescription contraceptives on the same basis as prescription drugs, devices, and services that are used to prevent the occurrence of medical conditions other than pregnancy.

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    Employers must provide the same level of medical coverage to female employees and their dependents as they provide to male employees and their dependents. Employers need not provide the same level of medical coverage to their employees' wives as they provide to their female employees. Insurance Coverage of Abortion The PDA makes clear that if an employer provides health insurance benefits, it is not required to pay for health insurance coverage of abortion except where the life of the mother would be endangered if the fetus were carried to term.

    If complications arise during the course of an abortion, the health insurance plan is required to pay the costs attributable to those complications. If an employer decides to cover the costs of abortion, it must do so in the same manner and to the same degree as it covers other medical conditions.

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    Definition[ edit ] The age of the mother is determined by the easily verified date when the pregnancy ends, not by the estimated date of conception.

    It violates the rights of girls, with life-threatening consequences in terms of sexual and reproductive health, and poses high development costs for communities, particularly in perpetuating the cycle of poverty.

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    The risk of maternal death for girls under age 15 in low and middle income countries is higher than for women in their twenties. Life outcomes for teenage mothers and their children vary; other factors, such as poverty or social supportmay be more important than the age of the mother at the birth. Many solutions to counteract the more negative findings have been proposed. Teenage parents who can rely on family and community support, social services and child-care support are more likely to continue their education and get higher paying jobs as they progress with their education.

    This means not focusing on changing the behaviour of girls but addressing the underlying reasons of adolescent pregnancy such as poverty, gender inequality, social pressures and coercion. This approach should include "providing age-appropriate comprehensive sexuality education for all young people, investing in girls' education, preventing child marriage, sexual violence and coercion, building gender-equitable societies by empowering girls and engaging men and boys and ensuring adolescents' access to sexual and reproductive health information as well as services that welcome them and facilitate their choices.

    Teenage pregnancy puts young women at risk for health issues, economic, social and financial issues. United States and United Kingdom had some of the highest teenage pregnancy rates in the developed world. Being a young mother in a first world country can affect one's education.

    Teen mothers are more likely to drop out of high school. Less than one third of teenage mothers receive any form of child support, vastly increasing the likelihood of turning to the government for assistance.

    For instance, long-term studies by Duke University economist V. Joseph Hotz and colleagues, published infound that by age 35, former teen mothers had earned more in income, paid more in taxes, were substantially less likely to live in poverty and collected less in public assistance than similarly poor women who waited until their 20s to have babies.

    Women who became mothers in their teens—freed from child-raising duties by their late 20s and early 30s to pursue employment while poorer women who waited to become mothers were still stuck at home watching their young children—wound up paying more in taxes than they had collected in welfare. Many teen parents do not have the intellectual or emotional maturity that is needed to provide for another life. The children of teen mothers are more likely to be born prematurely with a low birth weight, predisposing them to many other lifelong conditions.

    The worldwide incidence of premature birth and low birth weight is higher among adolescent mothers. That is because the Latino population is the least uninsured group in the Unites States [40] Young mothers who are given high-quality maternity care have significantly healthier babies than those who do not. Many of the health-issues associated with teenage mothers appear to result from lack of access to adequate medical care.

    Young mothers and their babies are also at greater risk of contracting HIV. The maternal mortality rate can be up to five times higher for girls aged 10—14 than for women aged 20— Illegal abortion also holds many risks for teenage girls in areas such as sub-Saharan Africa.

    Obstructed labour is normally dealt with by Caesarean section in industrialized nations ; however, in developing regions where medical services might be unavailable, it can lead to eclampsiaobstetric fistulainfant mortalityor maternal death. For example, in some sub-Saharan African countries, early pregnancy is often seen as a blessing because it is proof of the young woman's fertility.

    In the Indian subcontinent, early marriage and pregnancy is more common in traditional rural communities than in cities.

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    Many teenagers are not taught about methods of birth control and how to deal with peers who pressure them into having sex before they are ready. Many pregnant teenagers do not have any cognition of the central facts of sexuality. In societies where children are set to work at an early age it is economically attractive to have many children. Countries with low levels of teenagers giving birth accept sexual relationships among teenagers and provide comprehensive and balanced information about sexuality.

    One study found that the younger sisters of teen mothers were less likely to emphasize the importance of education and employment and more likely to accept human sexual behaviorparentingand marriage at younger ages; younger brothers, too, were found to be more tolerant of non-marital and early births, in addition to being more susceptible to high-risk behaviors.