I remember when an employer would hesitate to hire a worker if it was suspected she would soon have children and would fire a worker once she “showed.” Things have changed. Employers cannot discriminate against pregnant workers. What does this mean to employers?
Scope of the law
The Pregnancy Discrimination Act (PDA) of 1978 was enacted after the Supreme Court decided that discrimination against a pregnant worker wasn’t sexual discrimination. The PDA was enacted to ban job discrimination based on pregnancy, meaning employers cannot discriminate with respect to a pregnant person when it comes to any aspect of employment: hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
The EEOC has enforcement guidance on this issue. This is the first guidance issued in 30 years and it lays out the scope of the law and what constitutes violations. It addresses current, past, and potential pregnancies and medical conditions related to pregnancy. The guidance also contains best practices for employers to follow so that they avoid violating the law.
The guidance makes it clear that the PDA does not supplant any state law that may provide greater protection for pregnant workers. For example, Illinois’ Pregnancy Fairness Act, which became law in August 2014, requires employers to make modest adjustments to work duties for pregnant workers (they cannot simply offer unpaid leave as allowed under the PDA).
Employer obligations to pregnant workers
In the 2014-2015 term, the U.S. Supreme Court will hear the case of a pregnant UPS worker who was restricted by her doctor from lifting during pregnancy but who was not given another job assignment as an accommodation. She sued her employer for discrimination, arguing that the PDA and the Americans with Disabilities Act (including 2008 amendments) require that an employer make a reasonable accommodation for temporary disability. Because of the lack of any accommodation (e.g., some light duty), she took an unpaid leave and went on temporary disability coverage but lost her health care coverage.
It remains for the Court to decide whether the employer acted properly in this situation, as an appellate court concluded. A decision could be made as late as the end of June 2015.
What to do
Check your company’s policies regarding pregnancy to make sure you are not inadvertently discriminating and in violation of the law. If you have any questions, talk with an employment law attorney.
