Pregnancy Discrimination and Maternity Leave Laws

26 Pages Posted: 21 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Gerald A. Madek

Bentley University - Department of Law

Date Written: October 20, 1989

Abstract

This article examines the current status of federal and state law regarding job preservation for the period of pregnancy-related disability. It also examines the issues of partial wage replacement and parental leave for child-rearing purposes. The thesis is that despite the federal laws prohibiting pregnancy discrimination, the rights of pregnant workers remain far from uniform or extensive. After analyzing state maternity and parental leave laws, recent United States Supreme Court pronouncements concerning such legislation, and state unemployment compensation provisions, the authors recommend a new national priority for parental leave with some wage replacement.

Suggested Citation

O'Brien, Christine Neylon and Madek, Gerald A., Pregnancy Discrimination and Maternity Leave Laws (October 20, 1989). Dickinson Law Review, Vol. 93, pp. 311-337, 1989, Available at SSRN: https://ssrn.com/abstract=1491616

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

Gerald A. Madek

Bentley University - Department of Law ( email )

United States

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