On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) apply to pregnant workers.
The EEOC’s new “Enforcement Guidance: Pregnancy Discrimination and Related Issues” supersedes EEOC's Compliance Manual section and prior guidance addressing pregnancy compliance matters. The Commission asserted its need to update prior guidance in light of developments in the law over the past thirty years. The new guidance addresses an employer’s obligation to provide pregnant workers equal access to benefits such as leave, light duty and health benefits and when certain actions may constitute discrimination under the PDA. In addition, the new EEOC Enforcement Guidance addresses when the ADA will apply to individuals with pregnancy-related impairments. A question and answer sheet also was issued along with the new Enforcement Guidance.
While the Commission seems to have had good intentions, the new pregnancy guidance may subject the EEOC to a new round of criticism. The Commission appears to be forging new legal ground by adopting the position that, under the language of the PDA, pregnant workers are essentially entitled to “reasonable accommodation” as the term is defined under the ADA. In addition, the Guidance was adopted without opportunity for public comment, despite requests by several Commissioners and others.
In another development that was not addressed by the EEOC’s new Enforcement Guidance, on July 1, the Supreme Court granted certiorari in Young v. United Parcel Services, Inc. – a case that will address many of the issues addressed by the EEOC’s new guidance. As a result, there is a real possibility that in less than one year, the EEOC’s new Enforcement Guidance may be superseded, in whole or in part, depending upon the U.S. Supreme Court’s decision in Young.
Here are steps well-counseled employers should take in light of this new guidance:
• Review current policies and evaluate whether changes are appropriate.
• Assess how reasonable accommodation leaves for pregnant employees are handled.
• Monitor future developments closely – there are likely to be more significant changes in the future.
To view the Enforcement Guidance, please click here. For more information on the equal employment opportunity requirements of employers, visit AGC’s Labor & HR Topical Resources webpage. The primary category is EEO and the secondary category is Affirmative Action/EEO.
Editor's note: This article was contributed by the law firm of Fortney & Scott. Fortney & Scott is a Washington, DC-based law firm counseling and advising clients on the full spectrum of workplace-related matters. For additional information, visit www.fortneyscott.com. This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
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