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This book explores how the federal courts have addressed the two
primary federal statutory protections found in the Pregnancy
Discrimination Act and the Americans with Disabilities Act and how
law mediates conflict between workplace expectations and the
realities of pregnancy. While pregnancy discrimination has been
litigated under both, these laws establish different forms of
equality. Formal equality requires equal treatment of pregnant
women in the workplace, and substantive equality requires the
worker's needs to be accommodated by the employer. Drawing from a
unique database of 1,112 cases, Deardorff and Dahl discuss how
courts have addressed pregnancy through these two different
approaches to equality. The authors explore the implications for
gender equality and the evolution of how pregnancy and
pregnancy-related conditions in employment can be addressed by
employers.
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