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EEOC Issues Updated Pregnancy Discrimination Enforcement Guidance
Practical Law Legal Update 1-574-6485 (Approx. 5 pages)
EEOC Issues Updated Pregnancy Discrimination Enforcement Guidance
by Practical Law Labor & Employment
| Published on 16 Jul 2014 • USA (National/Federal) |
The US Equal Employment Opportunity Commission (EEOC) has issued a press release announcing the publication of its updated enforcement guidance on pregnancy discrimination and related issues. The guidance covers the requirements of the Pregnancy Discrimination Act (PDA) and the application of the Americans with Disabilities Act (ADA), as amended in 2008, to individuals who have pregnancy-related disabilities. The guidance also includes questions and answers about the EEOC's enforcement guidance on pregnancy discrimination and related issues and a fact sheet for small businesses.
On July 14, the EEOC issued a press release announcing the publication of its updated enforcement guidance on pregnancy discrimination and related issues. The guidance includes:
This is the first comprehensive overhaul of the EEOC's guidance on the subject of discrimination against pregnant workers since 1983. It includes significant developments in the law including:
- The requirements of the Pregnancy Discrimination Act (PDA).
- The application of the Americans with Disabilities Act (ADA), as amended in 2008, to individuals who have pregnancy-related disabilities.
Among other issues, the guidance discusses:
- The PDA's coverage of discrimination based on:
- current pregnancy;
- past pregnancy; and
- a woman's potential to become pregnant.
- Lactation as a covered pregnancy-related condition.
- When employers might have to provide light duty for pregnant workers.
- The prohibition against requiring pregnant workers with the ability to do their jobs to take leave.
- The requirement that parental leave (as is distinct from medical leave associated with childbearing or recovering from childbirth) be provided to similarly situated men and women on the same terms.
- When employers may have to provide reasonable accommodations for workers with pregnancy-related impairments.
- The types of accommodations that may be necessary for workers with pregnancy-related impairments.
- Best practices for employers to avoid unlawful discrimination against pregnant workers.