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. A number of states such as California, Maryland and New Jersey 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
Updated to reflect forthcoming Maine law regarding pregnancy accommodations.
Updated to reflect a forthcoming increase in the duration of paid family leave benefits.
Updated to reflect amendments regarding service animals, effective July 8, 2019.
Updated to reflect leave-related information under amendments to the Kentucky Civil Rights Act regarding pregnancy accommodations, effective June 27, 2019.
Updated to include paid family leave final contribution regulations regarding employer notice requirements, effective May 16, 2019.
HR guidance on how to confront the legal challenges in managing an employee who is pregnant and preventing discrimination based on pregnancy.