The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated Enforcement Guidance on pregnancy discrimination and other related issues, along with a Q&A document about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive EEOC update on the subject of discrimination against pregnant workers since 1983.

In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), which prohibits sex discrimination on the basis of pregnancy, childbirth, or related medical conditions, the guidance discusses the application of the Americans with Disabilities Act (ADA) to individuals who have pregnancy-related disabilities. The updated guidance also discusses:

• The fact that the PDA covers not only current pregnancy, but discrimination based on past pregnancy and a woman’s potential to become pregnant;
• The circumstances under which employers may have to provide light duty for pregnant workers;
• Issues related to leave for pregnancy and for medical conditions related to pregnancy;
• When employers may have to provide reasonable accommodations for workers with pregnancy-related impairments under the ADA and the types of accommodations that may be necessary; and
• Best practices for employers to avoid unlawful discrimination against pregnant workers.

Both the PDA and ADA generally apply to employers with 15 or more employees. Additional protections may be provided under state and local nondiscrimination laws, which may apply to smaller employers.

Visit our section on Discrimination for more information regarding employer obligations under the PDA, ADA, and other federal nondiscrimination laws.