EEOC Issues Updated Guidance on Pregnancy Discrimination

On July 14th, the EEOC issued the first update to its pregnancy discrimination guidelines in 30 years. In the the Enforcement Guidance released on the EEOC Website, the comission addressed how the requirements of the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) as amended in 2008 should be applied individuals who have pregnancy-related disabilities. The commission posted a Q&A document and Fact Sheet.

Among other issues, the guidance discussed:

• 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.

For more information, visit http://www.eeoc.gov/laws/types/pregnancy_guidance.cfm

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