EEOC Updates Pregnancy Discrimination Enforcement Guidance: Employment Law Manual, Legal Insight Updated
Authors: Melissa Burdorf, Marta Moakley and Beth Zoller, XpertHR Legal Editors
The Equal Employment Opportunity Commission (EEOC) has updated its Enforcement Guidance on pregnancy discrimination in the wake of the US Supreme Court's March 2015 Young v. UPS decision. In Young, the Court rejected the employee's - and the EEOC's - position that an employer should provide accommodations to pregnant employees that are provided to other employees who have similar work restrictions. However, the Court also held that a pregnant employee may be able to prove discrimination if an employer does not have a legitimate, nondiscriminatory reason for refusing to accommodate her. In June, the EEOC released a revised Enforcement Guidance that aligns with Young.
In light of this development, the following federal sections of the Employment Law Manual have been updated:
- EEO - Discrimination;
- Disabilities (ADA);
- Managing Employees in Special Situations;
- FMLA; and
- Other Leaves.
The following documents have also been updated:
- The Bermuda Triangle Has Expanded: The FMLA's Intersection With the ADA, Workers' Compensation and More;
- Pregnancy Discrimination; and
- How to Prevent Pregnancy Discrimination.