Overview: The Pregnancy Discrimination Act is an amendment to Title VII which protects pregnant individuals from applicant and employee discrimination. Further, some state and local laws similarly prohibit discrimination against employees and applicants who are pregnant. Pregnant individuals also may be protected under federal and state family and medical leave acts. In order to be protected based on pregnancy, the employer must know that the individual is pregnant. To avoid pregnancy discrimination, employers should develop a policy against discrimination and provide employees and supervisors with training so that pregnant employees receive fair and equal treatment. Further, an employer needs to understand that it is required to treat pregnant employees the same as other similarly situated non-pregnant employees.
Trends: Employers should be aware that legislation has been introduced in both the House and the Senate that would require employers to provide reasonable accommodations to pregnant employees unless it would cause undue hardship for the employer. Some states such as New Jersey and Maryland as well as cities like New York City and Philadelphia have already made this a requirement. Further, the EEOC has recently filed a number of pregnancy discrimination lawsuits and is aggressively pursuing pregnancy discrimination in the workplace through its Strategic Enforcement Plan. It has labeled pregnancy discrimination as an emerging issue and it is working to combat pregnancy discrimination and ensure pregnancy accommodation. Employers should be alert and keep up with the rapid changes in this area of the law as it has become a hot topic in employment.
Author: Beth Zoller, JD, Legal Editor
This resource is under review in light of the paid sick leave laws recently passed in Los Angeles and San Diego and amended in San Francisco.
Updated to reflect forthcoming amendments to the law on service animals in public accommodations.
Updated to remove references to the Pittsburgh Paid Sick Days Act, which was ruled invalid under state law. See Pittsburgh Paid Sick Leave Law Invalidated: Various Resources Updated.
Updated to reflect the extension, until October 1, 2016, of the Wage Theft Prevention Clarification Temporary Amendment Act's written notice language requirements.
California has amended its Fair Employment and Housing Act (FEHA) discrimination and harassment regulations, effective April 1, 2016.
Illinois issued final regulations on pregnancy discrimination and accommodation in employment.
HR guidance on how to confront the legal challenges in managing an employee who is pregnant and preventing discrimination based on pregnancy.