EEOC Issues Guidance on Pregnancy
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Equal Employment Opportunity Commission recently issued an Enforcement Guidance on pregnancy discrimination and related issues. This Guidance covers important information and provides examples that can help employers better understand their obligations towards pregnant applicants and employees. It focuses primarily on the EEOC’s interpretation of two statutes: (1) the Pregnancy Discrimination Act of 1978 which clarified that discrimination based on pregnancy, childbirth, or related medical conditions constitutes discrimination under Title VII of the Civil Rights Act of 1964; and (2) the Americans with Disabilities Act, including the ADA Amendments Act of 2008.
When addressing the PDA, the Guidance demonstrates the circumstances in which an employer might act in a discriminatory manner towards an employee in, for example, the employer’s use of stereotypes, forced leave, or unequal access to light duty. The Guidance makes clear that the PDA covers more than a current pregnancy; it covers past pregnancy, a woman’s potential to become pregnant, fertility/infertility issues, and medical issues related to pregnancy.
When addressing the ADA, the Guidance clarifies that, while pregnancy itself is not a disability, a pregnancy-related medical condition could be. Therefore, an employer must offer reasonable accommodations to a worker with a pregnancy-related medical condition that could be considered a disability under the ADA.
This article is presented by the Dallas employment lawyers at Clouse Dunn LLP. To speak to a Dallas employment lawyer about pregnancy discrimination, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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