Wednesday, July 16, 2014

EEOC Issues Updated Pregnancy Discrimination Guidance


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Earlier this week, the EEOC issued updated guidance on pregnancy discrimination and other related issues.  The EEOC also issued a fact sheet and a question and answer document that are further related to these issues.  From the EEOC's press release:

"Among other issues, the guidance discusses:

  • The fact that the PDA covers not only current pregnancy, but discrimination based on past pregnancy and a woman's potential to become pregnant;
  • Lactation as a covered pregnancy-related medical condition;
  • The circumstances under which employers may have to provide light duty for pregnant workers;
  • Issues related to leave for pregnancy and for medical conditions related to pregnancy;
  • The PDA's prohibition against requiring pregnant workers who are able to do their jobs to take leave;
  • The requirement that parental leave (which 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 under the ADA and the types of accommodations that may be necessary; and
  • Best practices for employers to avoid unlawful discrimination against pregnant workers."

The guidance is definitely worth taking the time to read, as it updates the Commission's position in several important areas.  It will be interesting to see if the guidance holds up in light of the Supreme Court's pending decision in Young v. United Parcel Service.

-- Joe Seiner

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