Survival Of EEOC Pregnancy Guidance Could Ride On Pending Supreme Ct Case

The EEOC earlier this month, as part of new enforcement guidance for the Pregnancy Discrimination Act, took the position that employers must accommodate pregnant employees in the same way they would be required to accommodate workers covered by the Americans With Disabilities Act – for example, by lighter work duty. The EEOC’s determination is premature, according to a client alert from Michael Best & Friedrich, because a pending Supreme Court case – Young v. United Parcel Service Inc. – addresses the question and could render the EEOC guidance moot. “In the interim, employers should proceed with caution in evaluating their obligation to provide accommodations to workers with pregnancy-related limitations,” the writers say. The frequency of pregnancy discrimination increased by thirty-seven percent between 1997 and 2013.