EMPLOYMENT LAW NEWS
The Changing Landscape of Pregnancy Discrimination: What Employers Need to Know
Pregnancy discrimination is evolving. Is your company compliant with the latest legislation?
Like many other areas of discrimination, a lot has changed for pregnant workers and their rights over the past several years. From new protections for employees and job candidates to an increased acceptance that pregnancy discrimination can disproportionately affect low-income or minority individuals, there is a lot that employers need to keep track of these days.
Before we dive into the latest news and legislation, let’s take a look at what exactly pregnancy discrimination is, and how its definition has expanded throughout the years.
What is Pregnancy Discrimination?
Ok. This one might seem a bit obvious at first, but there are a few different types of discrimination that fall under the larger definition itself.
Pregnancy discrimination refers to the unfair treatment of an individual due to pregnancy, childbirth, or related medical conditions. It encompasses various discriminatory practices, including:
- Employment Decisions: Refusing to hire, firing, or demoting an employee because they are pregnant.
- Harassment: Subjecting pregnant employees to hostile or offensive comments or actions that create an intimidating work environment.
- Unfair Policies: Implementing workplace policies that disproportionately disadvantage pregnant employees, such as refusing to provide necessary accommodations.
- Retaliation: Taking adverse actions against employees who seek accommodations or file complaints about pregnancy discrimination.
Those last two are important, because there was a very significant federal discrimination law passed last year that recently went into effect called The Pregnant Workers Fairness Act (PWFA). The law primarily deals with an employer’s responsibility to provide “reasonable accommodations.” More on that in a bit.
A (Very Condensed) Timeline of Pregnancy Discrimination Laws in the US
Until last year, the Equal Opportunity Employment Commission (EEOC) enforced two federal laws relating to pregnancy discrimination. These longstanding laws established the foundation for how we define this evolving area of employment law.
With the passage of the Pregnant Workers Fairness Act in 2023, however, pregnancy rights were expanded once again, bringing the total to three laws. Let’s take a closer look.
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Note: There are also several court cases that have had a big impact on these laws. We won’t get into those here, but you can always read more about them to get a better picture of the overall context and timeline of pregnancy discrimination laws in the US.
Read About the Young vs. UPS Pregnancy Discrimination Case
Here are the three main pieces of legislation, including one significant legislative amendment, related to pregnancy discrimination in the US:
1978: The Pregnancy Discrimination Act (PDA)
The PDA was a significant amendment to the Civil Rights Act of 1964. It made it illegal to discriminate based on pregnancy, childbirth, or related medical conditions. The PDA requires employers to treat pregnancy similarly to other temporary disabilities regarding employment-related purposes, such as hiring, firing, promotions, and benefits.
1990: The Americans with Disabilities Act (ADA)
While pregnancy itself isn’t considered a disability under the ADA, disabilities that may arise due to pregnancy are. In this way, the ADA greatly expanded the spectrum of protections for pregnant workers.
2008: Amendments to the ADA (ADAAA)
These amendments broadened the definition of disability, making it easier for employees with pregnancy-related impairments to obtain reasonable accommodations under the ADA.
2023: The Pregnant Workers Fairness Act (PWFA)
The PWFA requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless it imposes an “undue hardship on the business.” The PWFA, which went into effect in July 2023, was designed to help pregnant workers maintain a healthy pregnancy while continuing to work.
What Are Reasonable Accommodations?
Although the ADA requires employers to provide reasonable accommodations for employees with disabilities related to pregnancy, the PWFA expanded on this, filling several significant gaps in coverage for pregnant workers.
As with all legal definitions, specificity matters. Here is the official definition of a “reasonable accommodation,” according to the Department of Labor:
“A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.”
So how does the most recent legislation, whose final rule went into effect in June 2024, expand on an employer’s responsibility to provide accommodation? Let’s take a look.
An informational brochure on the PWFA provided by the Equal Employment Opportunity Commission (EEOC).
How to Ensure You’re Compliant
Pregnancy discrimination is an area of employment law that is continually evolving. There has been an increase in awareness and enforcement of pregnancy discrimination laws in recent years. The PWFA, in particular, provides clearer guidelines and stronger protections than previously existed.
Additionally, there’s a growing recognition that pregnancy discrimination can adversely affect both low-income and minority populations. This understanding is shaping more inclusive policies and practices to protect all pregnant workers from discrimination.
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This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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