On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued updated guidance addressing employer obligations under the Pregnancy Discrimination Act (PDA) and providing clarification on how Title VII and the Americans with Disabilities Act (ADA) interact to protect pregnant employees. The new guidance has created controversy both because it addresses an employer’s obligation to provide light duty to employees with pregnancy related restrictions and because the guidance was issued despite the fact that this very issue is currently pending before the U.S. Supreme Court. SeeYoung v. United Parcel Serv., Inc., 707 F.3d 437 (4th Cir. 2013), cert. granted 81 U.S.L.W. 6302 (July 1, 2014).
Young v. United Parcel Service, is an appeal from a federal appellate court decision that specifically disagreed with the EEOC’s position that light duty programs restricted to workers injured on the job violates the PDA. According to the EEOC, employers have an obligation to provide an accommodation under the PDA if they provide light duty options to similarly situated non-pregnant employees. The EEOC maintains this position in the new guidance.
Although the Supreme Court’s decision will ultimately trump the EEOC guidance and may make portions of the new guidance moot, the Court’s decision is not expected until 2015. Until that time, employers would be wise to abide by the EEOC’s guidance. Despite the controversy, policies that are not updated to reflect the change in how the PDA is interpreted or decisions made under the old interpretation could result in a charge of pregnancy discrimination. Employers should review pregnancy related policies, light duty policies, and seek legal counsel to review situations that involve pregnancy related accommodations.
You should contact your CL&P attorney if you have any questions.
