Pregnancy Discrimination - New Enforcement Guidelines

Posted on Jul 21, 2014

The Equal Employment Opportunity Commission (EEOC) has issued new Enforcement Guidelines for the Pregnancy Discrimination Act along with a Fact Sheet and some FAQs.  Some highlights and topics addressed by the enforcement guidelines include the following:

  • 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.

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