EEOC Issues Controversial Updated Enforcement Guidance On Pregnancy Discrimination

For the first time in over 30 years, the Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive update to its guidelines on pregnancy discrimination. The EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues (Guidance) provides the EEOC's interpretation of the Pregnancy Discrimination Act (PDA) as well as the agency's application of the expanded definition of "disability" under the Americans with Disabilities Act Amendments Act (ADAAA) to individuals with pregnancy-related conditions. The Guidance, along with a set of written questions and answers and a fact sheet for small businesses, can be found on the EEOC's website. Although the Guidance does not carry the force of law, it is nevertheless important to understand it as the EEOC will certainly apply these guidelines to charges until the Supreme Court instructs otherwise. Moreover, while not required to follow the guidelines, courts may look to the EEOC's Guidance when