Other charges include allegations of disparate terms and conditions of employment based on pregnancy, such as closer scrutiny and harsher discipline than that administered to non-pregnant employees, suspensions pending receipt of medical releases, medical examinations that are not job related or consistent with business necessity, and forced leave. The majority of charges include allegations of discharge based on pregnancy. The issues most commonly alleged in pregnancy discrimination charges have remained relatively consistent over the past decade. Specifically, pregnancy discrimination claims filed by women of color increased by 76% from FY 1996 to FY 2005, while pregnancy discrimination claims overall increased 25% during the same time period. Moreover, the study found that much of the increase in these complaints has been fueled by an increase in charges filed by women of color. This suggests that pregnant workers continue to face inequality in the workplace. In 2008, a study by the National Partnership for Women & Families found that pregnancy discrimination complaints have risen at a faster rate than the steady influx of women into the workplace. In fiscal year (FY) 1997, more than 3,900 such charges were filed with the Equal Employment Opportunity Commission (EEOC) and state and local Fair Employment Practices Agencies, but in FY 2013, 5,342 charges were filed. In the years since the PDA was enacted, charges alleging pregnancy discrimination have increased substantially. ġ) An employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions andĢ) Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work. employees over other employees.'" īy enacting the PDA, Congress sought to make clear that "regnant women who are able to work must be permitted to work on the same conditions as other employees and when they are not able to work for medical reasons, they must be accorded the same rights, leave privileges and other benefits, as other workers who are disabled from working." The PDA requires that pregnant employees be treated the same as non-pregnant employees who are similar in their ability or inability to work. Thus, the PDA extended to pregnancy Title VII's goals of "' equality of employment opportunities and remov barriers that have operated in the past to favor an identifiable group of. PREGNANCY DISCRIMINATION AND RELATED ISSUES OVERVIEW OF STATUTORY PROTECTIONS Pregnancy Discrimination ActĬongress enacted the Pregnancy Discrimination Act (PDA) in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Reasonable Break Time for Nursing Mothers.Executive Order 13152 Prohibiting Discrimination Based on Status as Parent.OTHER REQUIREMENTS AFFECTING PREGNANT WORKERS.Proof of Discrimination Through McDonnell Douglas Burden-Shifting Framework.Bona Fide Occupational Qualification (BFOQ) Defense.Workers with Caregiving Responsibilities.Evaluating PDA-Covered Employment Decisions.Discrimination Based on Lactation and Breastfeeding.Medical Condition Related to Pregnancy or Childbirth.Discrimination Based on Use of Contraception.Discrimination Based on Infertility Treatment.Discrimination Based on Intention to Become Pregnant.Discrimination Based on Reproductive Risk.PREGNANCY DISCRIMINATION AND RELATED ISSUES Table of Contents Section I A.5 of the Jguidance has also been deleted in response to Young. Most of this revised guidance remains the same as the prior version, but changes have been made to Sections I.B.1 (Disparate Treatment), and I.C.1 (Light Duty) in response to the Supreme Court's decision in Young v. OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014. This document provides guidance regarding the Pregnancy Discrimination Act and the Americans with Disabilities Act as they apply to pregnant workers.ĮXPIRATION DATE: This Notice will remain in effect until rescinded or superseded. PURPOSE: This transmittal covers the issuance of the Enforcement Guidance on Pregnancy Discrimination and Related Issues. SUBJECT: EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues
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