• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

EEOC's new pregnancy guidance boils down to doing one thing right

Christian Schappel
by Christian Schappel
July 8, 2015
3 minute read
  • SHARE ON

For the second time in the past year, the EEOC has issued new guidance on how to treat pregnant employees. And while the guidance is massive, the agency could’ve saved employers a lot of headaches by simply saying this … 
If an employee has a pregnancy-related impairment that hinders her ability to perform a job, the employer must attempt to see if it can provide a reasonable accommodation that would allow the employee to continue to perform her job.
In a nutshell, that’s what the EEOC wants — and expects — employers to do. Period.
Anything short of that leaves you open to a discrimination lawsuit.

It doesn’t have to be so confusing

If you follow that guidance, doing your best to keep a pregnant employee in her job and acting like a compassionate employer, you should be fine.
The problem with the EEOC’s guidance: It’s long-winded, making it confusing and hard to digest. And to make matters worse, it spreads employers obligations across two separate laws — the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA).
Example: The guidance begins by explaining the basic requirements of the PDA.
It says:

The PDA requires that a covered employer treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees who are similar in their ability or inability to work. 

This statement mirrors the Supreme Court’s ruling in the case of Peggy Young v. United Parcel Service. The problem with it is that it leaves wiggle room for employers to get out of accommodating pregnant workers as long as they can prove that they don’t accommodate other employees who suffer from afflictions similar to those of pregnant workers.
However, that wiggle room is quickly taken up by the requirements of the ADA, which are explained later in the guidance.
It says:

Although pregnancy itself is not a disability, pregnant workers may have impairments related to their pregnancies that qualify as disabilities under the ADA.  … A number of pregnancy-related impairments are likely to be disabilities, even though they are temporary, such as pregnancy-related carpal tunnel syndrome, gestational diabetes, pregnancy-related sciatica, and preeclampsia.
An employer may not discriminate against an individual whose pregnancy-related impairment is a disability under the ADA and must provide an individual with a reasonable accommodation if needed because of a pregnancy-related disability, unless the accommodation would result in significant difficulty or expense (“undue hardship”).

By our powers combined …

Combine the requirements of the two PDA and the ADA and you get this: Don’t take employment actions against pregnant workers for any reasons relating to their pregnancy. In other words, be compassionate and try to find a reasonable accommodation if they’re hindered on the job in any way.
Bottom line: The only way to safely get out of having to accommodate a pregnant individual in need is to prove — beyond the shadow of a doubt — that doing so would create an “undue hardship” — and that’s not easy to do.
A final word of warning: Don’t try to base your case that an accommodation would create an undue hardship on the fact that it would be more expensive or less convenient for you to provide it. The EEOC has already said those excuses won’t fly.
If you have the time and you wish to pore of the EEOC’s latest guidance, here it is.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader