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HR Support on Pregnancy Discrimination At Work
Editor's Note: Make sure that pregnant employees receive fair and equal treatment.
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
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5th Circuit: Title VII Protects Lactation as a Pregnancy-Related Condition
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.
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Maryland Content Updated to Reflect New Pregnancy Accommodations Law
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.
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New Maryland Law Will Require Employers to Accommodate Pregnant Employees
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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Disabilities (ADA): Maryland
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to disabilities (ADA).
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Merck Hit With $100 Million Sex Discrimination Lawsuit
A sales representative has filed a class action lawsuit against her employer, Merck & Co., seeking $100 million in damages for discrimination against female employees with respect to compensation and promotion opportunities.
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Involuntary Terminations
In-depth review of the spectrum of federal legal requirements HR must follow when terminating an employee.
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Podcast Shines Light on Latest California Employment News
This latest podcast features an in-depth look at several new employment law developments out of California. Littler Mendelson partner Chris Cobey takes listeners through a range of topics, and discusses how they are affecting employers. Cobey, who practices with the firm's San Jose office, highlights a law involving personnel files as one of which HR needs to be most aware. He also addresses a new ruling from the California Supreme Court in a "mixed-motive" discrimination case.
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California Employers Facing Many Changes in 2013
California has been perhaps the most active state in the US when it comes to employment law, and there have already been many new developments in 2013. Littler Mendelson attorney Chris Cobey, of the firm's San Jose office, takes listeners through the highlights in a conversation with XpertHR.
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"Bumpy" Road Ahead: A Prudent Employer's Guide to Pregnancy Discrimination Laws
When an employee announces her pregnancy, a prudent employer should proceed cautiously because a bumpy road lies ahead as legislators and policymakers at the state and federal level push for greater protection for pregnant employees. In fact, some states have already passed legislation that goes beyond federal requirements
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Disabilities (ADA): Kansas
In-depth review of the spectrum of Kansas employment law requirements HR must follow with respect to disability-related leave.
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.