Published Date: 07/21/2014
By John Gupton
The Equal Employment Opportunity Commission (EEOC) last week issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses.
This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since the 1983 publication of a Compliance Manual chapter on the subject. This guidance supersedes that document and incorporates significant developments in the law during the past 30 years. In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), the guidance discusses the application of the Americans with Disabilities Act (ADA) as amended in 2008, to individuals who have pregnancy-related disabilities.
Much of the analysis in the enforcement guidance is an update of longstanding EEOC policy. The guidance sets out the fundamental PDA requirements that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions; and that women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons similar in their ability or inability to work. The guidance also explains how the ADA’s definition of “disability” might apply to workers with impairments related to pregnancy.
The Enforcement Guidance is available at http://j.mp/EE-PD.
The Question and Answer document is available at http://j.mp/QA-PD.
The Fact Sheet is available at http://j.mp/FS-PD.
Please contact a member of CAI's Advice & Resolution Team at 919‑878‑9222 or 336‑668‑7746 with questions about how this guidance applies to your organization.