Title VII defines "sex" to include pregnancy and childbirth as a form of sex discrimination. Testing women for pregnancy or fertility is "sex" discrimination where the testing effectively discourages female or pregnant applicants. Norman Blood Saw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998). Regular or pervasive inquiries about whether female employees are pregnant or about a woman's childbearing and child care plans may create a hostile environment for women. Walsh v. … [Read more...]