EEOC guidance on pregnancy discrimination
What is Pregnancy Discrimination?
Pregnancy discrimination involves treating a woman unfavorably because of pregnancy, childbirth, or related medical conditions. It is considered a form of sex discrimination under federal law.
Legal Framework
Pregnancy Discrimination Act (PDA) of 1978:
Amends Title VII of the Civil Rights Act of 1964 to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
EEOC’s Role:
The EEOC issues guidance interpreting the PDA, clarifying employer responsibilities and employee rights.
Key Points of EEOC Guidance
Employers must treat pregnant employees the same as others with similar ability or inability to work.
Employers cannot refuse to hire, fire, or demote due to pregnancy.
Reasonable accommodations must be provided if offered to other employees with similar limitations.
Harassment based on pregnancy is prohibited.
Employers must maintain health insurance coverage for pregnancy-related conditions on the same terms as other medical conditions.
What Are Reasonable Accommodations?
Modifying work duties
Providing more frequent breaks
Allowing time off for medical appointments
Providing assistive devices or alternative assignments
Employers are not required to provide accommodations that cause undue hardship.
Key Case Laws on Pregnancy Discrimination
1. Young v. United Parcel Service, Inc. (2015) — U.S. Supreme Court
Background:
Peggy Young, a UPS driver, was denied a light-duty assignment during pregnancy, while light duty was given to other injured employees.
Issue:
What standard should courts use to assess pregnancy discrimination claims under the PDA?
Decision:
The Court held that pregnant employees must be given accommodations similar to those given to non-pregnant employees with similar work limitations. Employers can justify different treatment by showing legitimate, nondiscriminatory reasons.
Significance:
Clarified the burden-shifting framework for pregnancy discrimination.
Affirmed pregnant workers’ right to accommodation if similarly situated employees receive accommodations.
2. EEOC v. Houston Funding II, Ltd. (2016) — U.S. District Court
Background:
Employer refused to allow a pregnant employee to take leave for pregnancy-related complications.
Issue:
Whether denying leave constituted pregnancy discrimination.
Decision:
The court sided with EEOC, ruling that denying leave when granted to other employees with medical conditions violated the PDA.
Significance:
Reinforced that pregnancy-related medical needs must be accommodated similarly to other medical conditions.
Supported EEOC’s stance on leave rights.
3. Equal Employment Opportunity Commission v. Walmart Stores, Inc. (2011)
Background:
Walmart allegedly denied accommodations and forced pregnant employees to take unpaid leave.
Issue:
Whether Walmart violated the PDA by failing to accommodate pregnant employees.
Decision:
The EEOC settled the case, with Walmart agreeing to policy changes and compensation.
Significance:
Highlighted employer obligations to provide accommodations.
Emphasized EEOC’s enforcement role in pregnancy discrimination.
4. Clackamas Gastroenterology Associates, P.C. v. Wells (2003) — U.S. Supreme Court
Background:
Not directly about pregnancy, but addressed who qualifies as an employee under Title VII.
Issue:
Clarified the definition of “employee” relevant to discrimination laws.
Decision:
Provided criteria for determining employee status, which impacts pregnancy discrimination claims.
Significance:
Ensured that pregnant workers classified as employees have protection under Title VII and PDA.
Important for understanding coverage scope.
5. EEOC v. Abercrombie & Fitch Stores, Inc. (2015) — U.S. Supreme Court
Background:
A Muslim woman was denied employment for wearing a headscarf, raising issues about accommodation.
Issue:
While not pregnancy-related, this case clarifies employer’s duty to accommodate under Title VII.
Decision:
Employers must accommodate unless they have an undue hardship.
Significance:
Influences how courts view accommodation requests, including pregnancy-related ones.
Reinforces accommodation principles central to pregnancy discrimination cases.
Summary and Key Takeaways
The Pregnancy Discrimination Act prohibits discrimination based on pregnancy and related conditions.
The EEOC guidance mandates equal treatment and reasonable accommodations for pregnant workers.
Courts apply a burden-shifting framework where pregnant employees must show they were treated less favorably than similarly situated non-pregnant employees.
Employers must accommodate pregnant workers unless doing so causes undue hardship.
Litigation and EEOC enforcement actions continue to shape employer responsibilities and employee protections.
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