임신에 따른 장애 인정의 필요성과 성차별성의 위헌심사 기준으로서의 성역할의 반고정관념화 원칙에 대한 헌법적 고찰 ― 미국 연방대법원의 임신한 피고용인의 해고에 대한 차별심사기준의 함의와 시사점을 중심으로 ―

The U.S. Supreme Court has rightly pointed to it with a questionable view of the stereotypical trend of female discrimination in various rulings. Justice Ginsberg has been striving to develop the principle of anti-identity, especially as an additional standard for screening discrimination by gender. Still, the U.S. Supreme Court still limits its hiring of anti-stereotyping principles. Nevertheless, the Supreme Court also ruled that while it was aware that discrimination by pregnancy could result in significantly discriminating against members of one gender compared to those of another, pregnancy discrimination does not necessarily result in discrimination by gender. In order to overcome this attitude in the Supreme Court, the U.S. Congress passed the Pregnancy Discrimination Act of 1978 which defines discrimination based on pregnancy as gender-based. However, the impact of the Pregnancy Discrimination Act is still limited because the enactment of the anti-pregnancy law did not immediately change the attitude of the Supreme Court's interpretation of the Constitution on equal protection. In a recent case in Young v. United Parcel Service, Inc., where a pregnant driver, Young, was fired for not being able to carry a heavy burden, the Supreme Court is making a judgment on how the anti-pregnancy rule should be applied to an employer who is providing convenience for a driver who is disqualified for a disorder not related to pregnancy. Therefore, it is necessary to carefully examine the attitude of the Supreme Court's ruling on the discrimination of pregnant women. In this regard, this article also examines whether the theory of anti-stereotyping of gender roles can be properly considered as a standard of unconstitutionality for discrimination of pregnant women in employment or working relationships in our country. In particular, a new constitutional explanation is strongly requested for the type of indirect discrimination that involves accepting discrimination in the maintenance or dismissal of an employment relationship in order to maintain a pregnancy without directly citing pregnancy. For this reason, this study aims to suggest meaningful ways to improve relevant laws, including the Act on Equal Employment for Men and Women and Support for Work-at-House compatibility, based on the implications of the U.S. Supreme Court's ruling on discrimination against pregnant women.