Pregnancy Discrimination: The EEOC Provides Employers With Updated Guidance

By Eric W. Tiritilli.

An employee announces she is pregnant, but after the congratulations and good wishes are shared, the questions becomes what, if anything, must an employer do to comply with the Pregnancy Discrimination Act (“PDA”)?  Unfortunately, it had been over 30 years since the EEOC last updated its guidance to employers regarding their obligations under the PDA.  Recently, the EEOC issued new enforcement guidance, an employer Q&A and a fact sheet to aid employers.

As the EEOC noted in its press release – the basic law of the PDA hasn’t changed – as an employer may not discriminate against an employee because they are pregnant and a pregnant employee “must be treated the same as other persons similar in their ability or inability to work”; however, the updated guidance for employers provides important information regarding the EEOC’s interpretation of the law including how the PDA interacts with the Americans with Disabilities Act and provides examples of “best practices” to follow to avoid discrimination.

© 2014 Parsonage Vandenack Williams LLC

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