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
The 5th Circuit unanimously reversed a well-publicized lower court's ruling in a sex discrimination case and held for the first time that lactation is related to pregnancy and, therefore, covered by Title VII and the Pregnancy Discrimination Act (PDA). See EEOC v. Houston Funding II, 2013 U.S. App. LEXIS 10933.
The Maryland EEO - Discrimination, Disabilities (ADA), FMLA and Employee Communications sections have been updated to include a new Maryland law requiring employers to provide reasonable accommodations to pregnant employees who are temporarily disabled if doing so would not cause the employer undue hardship. 2013 Bill Text MD S.B. 784; 2013 Bill Text MD H.B. 804.
Effective October 1, 2013, the Reasonable Accommodations for Disabilities Due to Pregnancy Act will amend the state's Fair Employment Practices Act to require employers with 15 or more employees to offer pregnant employees suffering from a temporary disability with reasonable accommodations if doing so would not cause the employer undue hardship. 2013 Bill Text MD S.B. 784; 2013 Bill Text MD H.B. 804.
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