On July 14, 2014 , the EEOC issued Enforcement
Guidance (“Guidance”) and Questions and Answers
(“Q&As”) addressing pregnancy discrimination in the workplace. The Guidance explains the EEOC’s
interpretations of the Pregnancy Discrimination Act (“PDA ”)
and the Americans with Disabilities Act (“ADA”) as they pertain to pregnant
workers.
The PDA prohibits discrimination on the basis of an
employee’s past, current, or potential pregnancy, childbirth, or related
medical conditions, including lactation.
The PDA also requires employers to treat pregnant women the same as
others who are similar in their ability or inability to work. Therefore, pregnant employees must receive
equal access to benefits, such as light duty, leave, and health insurance.
Under the ADA, employers are prohibited from
discriminating on the basis of an employee’s disability. Pregnancy itself is not a disability under
the ADA, but some pregnant workers might have pregnancy-related impairments
that qualify as disabilities. The ADA
requires employers to provide reasonable accommodations for employees who are
disabled, including those with pregnancy-related conditions.
The Guidance is persuasive, but not binding,
authority. The United States Supreme
Court is set to hear Young v. United Parcel Service, Inc., in which it
will decide “whether, and in what circumstances, an employer that provides work
accommodations to non-pregnant employees with work limitations must provide
work accommodations to pregnant employees who are ‘similar in their ability or
inability to work.’” The Court’s
decision could affect the persuasiveness of the Guidance on this issue in the
future.
Although this Guidance is generally consistent with New
Jersey’s state laws against pregnancy discrimination, it could impact some employers’
policies on pregnancy accommodations.
Connell Foley’s labor and employment law attorneys welcome the
opportunity to review your company’s workplace policies.
