Rights of Pregnant Women

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  • Whether the history and Congressional Intent of the Pregnancy Discrimination Act requires employers to treat pregnant women the same as other temporarily disabled workers.
  • Determined whether a viable fetus is a child for purposes of South Carolina's child abuse and child endangerment statute.
  • Determined whether a policy that prohibits women of childbearing age from participating in occupations that could be detrimental to their reproductive capacities constitutes sex discrimination.
  • Determined the constitutionality of Florida's ban on Medicaid funding for abortion except in cases of rape or incest.
  • Determined the constitutionality of a state regulation that denied Medicaid coverage of medically necessary or therapeutic abortions except in cases where the pregnancy was life threatening or resulted from rape or incest.
  • Dermined the legality under Ohio law of prosecuting woman for child abuse for ingesting cocaine during pregnancy that was present in newborn child.
  • Determined the Constitutionality of a South Carolina policy that allowed warrantless and nonconsensual drug testing of women seeking prenatal treatment at a Charleston public hospital.
  • Concerned a federal habeas petition filed by a woman serving a five-year prison sentence for using crack cocaine when she was pregnant.
  • Determined whether state statutes that place greater obligations on employers conflict with the federal Pregnancy Leave Act.
  • Determined whether an employer violates Title VII when, in making post-Pregnancy Discrimination Act (“PDA”) eligibility determinations for pension and benefits, the employer does not restore service credit lost by female employees when they took pregnancy leaves under pre-PDA policies.
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