HR Support on Pregnancy Discrimination At Work

Editor's Note: Make sure that pregnant employees receive fair and equal treatment.

Beth P. Zoller 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 York have already made this a requirement. Further, the EEOC has recently filed a number of pregnancy discrimination lawsuits and cracked down on pregnancy discrimination in the workplace in 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

Latest items in Pregnancy Discrimination

  • Florida Court: Pregnancy Discrimination Unlawful Under Florida Civil Rights Act

    Date:
    23 April 2014
    Type:
    News

    The Florida Supreme Court has clarified that an employer may not discriminate against employees and applicants based on pregnancy under the Florida Civil Rights Act (FCRA).

  • West Virginia Pregnancy Discrimination Law: Employment Manual, Chart Updated

    Date:
    07 April 2014
    Type:
    Editor's Choice

    A discussion of the Pregnant Workers Fairness Act prohibiting discrimination against workers affected by pregnancy, childbirth and related medical conditions has been added to four sections of the Employment Law Manual.

  • West Virginia Enacts Pregnancy Discrimination Law, Requires Reasonable Accommodations

    Date:
    01 April 2014
    Type:
    News

    West Virginia has enacted the Pregnant Workers Fairness Act, which prohibits discrimination and harassment against women affected by pregnancy, child birth and related medical conditions in the workplace.

  • Philadelphia, Pennsylvania Pregnancy Discrimination Poster

    Type:
    Policies and Documents

    As recommended by the Philadelphia, Pennsylvania Commission on Human Relations, Philadelphia employers should post the Philadelphia, Pennsylvania Pregnancy Discrimination Poster.

  • Maryland Pregnant and Working Notice Poster

    Type:
    Policies and Documents

    As mandated by the Maryland Commission on Civil Rights, Maryland employers with 15 or more employees must post the Maryland Pregnant and Working Notice Poster.

  • FMLA: Michigan

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Michigan employment law requirements HR must follow with respect to FMLA

  • FMLA: Texas

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to FMLA.

  • Disabilities (ADA): Connecticut

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Connecticut employment law requirements HR must follow with respect to disabilities (ADA).

  • Disabilities (ADA): Maine

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Maine employment law requirements HR must follow with respect to disabilities (ADA).

  • Disabilities (ADA): Nevada

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Nevada employment law requirements HR must follow with respect to disabilities (ADA).

About this topic

HR guidance on how to confront the legal challenges in managing an employee who is pregnant and preventing discrimination based on pregnancy.