EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues Over Commissioners’ Dissent: An Overview and Best Practices for Employers in a Changing Landscape

On July 14, 2014, the EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues (Guidance).1 The Guidance is the first comprehensive update on the EEOC’s position on discrimination based on pregnancy in the workplace since 1983 and supersedes the earlier guidance.

The Guidance is organized into four parts: part one provides an overview of the Pregnancy Discrimination Act of 1978 (PDA); part two discusses the definition of who has a “disability” under the Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) as related to persons who have pregnancy- related impairments, and reasonable accommodations afforded to those suffering from pregnancy-related impairments that constitute a disability; part three provides an overview of other laws, including the Family and Medical Leave Act (FMLA) affecting the rights of pregnant employees in the workplace; and part four provides “best practices” for employers to follow, which the Commission recognizes in the Guidance “may go beyond federal nondiscrimination requirements.”

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