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ARTICLE · 02 APRIL 2015

Inside The EEOC’s Guidance On Pregnancy Discrimination

Bradley Arant Boult Cummings LLP
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The recent guidance provides insight into what the EEOC is likely to determine is pregnancy discrimination

United StatesEmployment and HR
Anne Yuengert
Anne Yuengert
T. Matthew Miller
T. Matthew Miller
Tony Griffin
Tony Griffin

The recent guidance provides insight into what the EEOC is likely to determine is pregnancy discrimination

In July 2014, the EEOC issued "Enforcement Guidance: Pregnancy Discrimination and Related Issues," as well as "Questions and Answers and a Fact Sheet for Small Businesses." Although the guidance is not the law, it does provide insight as to how the EEOC approaches pregnancy discrimination investigations, and the more than 20 examples are helpful in determining what the EEOC is likely to determine is pregnancy discrimination.

The EEOC enforces two laws that affect pregnancy in the workplace: the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Much of the guidance is not surprising. It notes that the PDA has two fundamental requirements:

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