EEOC Set to Issue New Guideline for Pregnant Employees

The U.S. Equal Employment Opportunity Commission is preparing new guidance on pregnancy discrimination. Lawsuits around workplace bias against pregnant workers have risen fast. The agency now aims to clarify employer duties under major labor laws.

This pregnancy discrimination guideline update will address gaps in the Pregnancy Discrimination Act and the Americans with Disabilities Act. The goal is to protect workers. It also helps employers understand their liability.

The Peggy Young UPS Case and Guideline Debate

The latest push for pregnancy discrimination guideline reform connects strongly to workplace disputes like the Peggy Young case. Peggy Young worked for United Parcel Service.

Her doctor advised her not to lift more than 20 lbs during pregnancy. She requested light-duty work. UPS refused. The decision forced her on unpaid leave. She lost medical coverage during that time.

At issue:

• Does the Pregnancy Discrimination Act require accommodations? Not strictly.
• Does ADA require temporary disability accommodations? Yes.
• Should pregnancy equal a temporary disability under ADA rules? Courts remain split.

The Donald B. Verrilli Jr. publicly supported clearer rules. He explained the need for stronger pregnancy discrimination guideline direction.

He said the agency is reviewing new enforcement guidance that will favor accommodations. His comments pushed national attention toward pregnancy discrimination guideline reform.

The Solicitor General was quoted in a brief for a case brought forward by UPS worker Peggy Young, who was forced to take unpaid leave and lost her medical coverage after UPS denied her request for light duty assignments. Young made her request after her doctor recommended she not lift more than 20lbs during pregnancy. However, the PDA was designed to make employers “pregnancy-blind” and increase pregnant women in the workplace. It does not force employers to accommodate pregnant workers. In contrast, the ADA does impose such requirements on employers.

The issue then would be whether courts should treat pregnancy as equivalent to a temporary disability in instances such as these that involve heavy lifting. Solicitor General Verrilli Jr. seems to suggest that pregnant women will be better accommodated, saying “The EEOC is currently considering the adoption of new enforcement guidance on pregnancy discrimination that would address a range of issues related to pregnancy under the PDA and the ADA.”

Look out in the near future for a new set of guideline from the EEOC that should be favorable to pregnant employees.

If you are pregnant and find yourself subject to different treatment, feel free to contact us.