Takeaways from the EEOC's New Enforcement Guidance on Pregnancy Discrimination and Related Conditions
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued its latest Enforcement Guidance on pregnancy and related conditions. You can find a copy on the EEOC's website (eeoc.gov). As expected, the EEOC has taken an expansive view of the protections offered by the Pregnancy Discrimination Act (PDA), and based on its interpretations, many employers may unknowingly be in violation of the law. PDA Refresher Congress passed the PDA in 1978 to clarify that sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII) includes discrimination based on pregnancy, childbirth, or related medical conditions. The PDA requires that pregnant employees be treated the same as non-pregnant employees who are similar in their ability or inability to work. The EEOC's Interpretation of PDA Coverage The EEOC takes the position that the PDA prohibits discrimination based on: current pregnancy; past pregnancy; potential or intended pre...