--- title: EEOC Issues New Enforcement Guidance on Pregnancy Discrimination description: One of the many national anti-discrimination laws administered by the US Equal Employment Opportunity Commission (EEOC) is the Pregnancy Discriminati image: https://blog.stpub.com/hs-fs/file-1304383093-jpg/images/pregnant.jpg --- [![Specialty Technical Publishers](https://blog.stpub.com/hubfs/STP-logo-white-orange.png)](http://www.stpub.com/) - [My Account](http://stponline.stpub.com) - 1-800-251-0381 # Audit, Compliance and Risk Blog ## [EEOC Issues New Enforcement Guidance on Pregnancy Discrimination](https://blog.stpub.com/bid/199973/EEOC-Issues-New-Enforcement-Guidance-on-Pregnancy-Discrimination) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Wed, Jul 23, 2014 - [Tweet](https://twitter.com/share) ![http://www.stpub.com/directors-and-officers-liability-online](https://blog.stpub.com/hs-fs/file-1304383093-jpg/images/pregnant.jpg?width=147&height=98&name=pregnant.jpg)One of the many national anti-discrimination laws administered by the US Equal Employment Opportunity Commission (EEOC) is the **Pregnancy Discrimination Act of 1978 (PDA)**. PDA prohibits discrimination against women on the basis of “pregnancy, childbirth or related medical conditions.” EEOC receives about 6,000 complaints alleging this form of sex discrimination each year, which amounts to 6-7% of all complaints it receives. Last month EEOC issued its first stand-alone **Enforcement Guidance** for its staff to address PDA and related issues under the Americans with Disabilities Act (ADA), superseding discussions in the agency’s general Compliance Manual. The new guidance does not present new responsibilities, but it does compile and synthesize guidance from decades of enforcement actions and court cases. With this new guidance in hand, this is a good time for employers to review these issues. ### **How Do PDA Protections Apply?** An employer must treat a covered employee the same way as other employees who are similar in their ability or inability to work. As stated by Congress: “Pregnant 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.” As with other forms of discrimination, many PDA violations occur because employers apply stereotypes and assumptions about pregnant women and women who have children or who may have children in the future. PDA prohibits discrimination based on the following: - Current Pregnancy - Past Pregnancy - Potential or Intended Pregnancy   - Medical Conditions Related to Pregnancy or Childbirth PDA also prohibits harassment based on any of these factors. Pregnancy discrimination may also violate he Americans with Disabilities Act (ADA). Pregnancy is not generally considered an “impairment” or “disability” for ADA purposes, but if an individual employee’s condition qualifies as an impairment or disability under ADA (even for a relatively short time) then that law may apply as well. If a newborn or child is disabled, ADA would protect the parents from discrimination because of their association with a disabled person. ### **Self-Evaluation Checklist—Does the Organization Follow Best Practices?** EEOC’s new Guidance compiles a number of “Best Practices” for employers. The following Self-Evaluation Checklist reformats them in abbreviated form as questions. - General. Does the organization: - Hiring, Promotion, and Other Employment Decisions. Does the organization: - Leave and Other Fringe Benefits. Does the organization: - Terms and Conditions of Employment. Does the organization: - Reasonable Accommodation. Does the organization: **Where Can I Get More Information?** - EEOC [notice of new guidance](http://www.eeoc.gov/eeoc/newsroom/release/7-14-14.cfm), with links to text, Q&A Document, and Fact Sheet for Small Businesses  - EEOC Pregnancy Discrimination [webpage](http://www.eeoc.gov/laws/types/pregnancy.cfm)  **Specialty Technical Publishers (STP)** provides a variety of single-law and multi-law services, intended to facilitate clients’ understanding of and compliance with requirements. These include: - *[Directors' and Officers' Liability](http://www.stpub.com/directors-and-officers-liability-online)* - *[Directors' Liability in Canada](http://www.stpub.com/directors-liability-in-canada-online)* - *[Workplace Violence Prevention: A Practical Guide to Security on the Job](http://www.stpub.com/workplace-violence-prevention-a-practical-guide-to-security-on-the-job-online)* - *[Employment Law: A Comprehensive Guide for the American Workplace](http://www.stpub.com/employment-law-a-comprehensive-guide-for-the-american-workplace-online)* [![Like What You've Read? Subscribe to Our Blog Now](https://no-cache.hubspot.com/cta/default/129776/432bf34d-5444-4a84-9636-a15f85c32125.png)](https://cta-redirect.hubspot.com/cta/redirect/129776/432bf34d-5444-4a84-9636-a15f85c32125) **About the Author** [![http://www.stpub.com/directors-and-officers-liability-online](https://blog.stpub.com/hs-fs/file-17039548-jpg/images/jon_elliott_w_border.jpg)Jon Elliott](http://en.stpub.com/company/authors/jon-f.-elliott) is President of [Touchstone Environmental](http://en.stpub.com/company/authors/touchstone-environmental) and has been a major contributor to STP’s product range for over 25 years. He was involved in developing [16 existing products](http://en.stpub.com/company/authors/jon-f.-elliott),including *[The Complete Guide to Environmental Law](http://www.stpub.com/the-complete-guide-to-environmental-law-online)* and *[Securities Law](http://www.stpub.com/securities-aw-a-guide-to-the-1933-and-1934-acts-and-their-amendments-including-sarbanes-oxley-and-dodd-frank-online)*. Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977). Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee). You may contact Mr. Elliott directly at: [tei@ix.netcom.com](mailto:tei@ix.netcom.com). ###### photo credit: [bies](https://www.flickr.com/photos/bies/107729240/) via [photopin](http://photopin.com) [cc](http://creativecommons.org/licenses/by-nc-sa/2.0/) Tags: [Corporate Governance](https://blog.stpub.com/topic/corporate-governance), [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [EEOC](https://blog.stpub.com/topic/eeoc) ### Follow Me ### Subscribe by Email ### Browse by Topic Area - [Accounting & Tax ](https://blog.stpub.com/topic/accounting-tax) - [Business & Legal ](https://blog.stpub.com/topic/business-legal) - [Corporate Governance  ](https://blog.stpub.com/?Tag=Corporate+Governance) - [Environmental ](https://blog.stpub.com/?Tag=Environmental) - [Global ](https://blog.stpub.com/?Tag=Global) - [Health & Safety ](https://blog.stpub.com/topic/health-safety) - [Internet ](https://blog.stpub.com/?Tag=Internet) - [Transportation ](https://blog.stpub.com/?Tag=Transportation) ### Browse by Tag - [Environmental (344)](https://blog.stpub.com/topic/environmental) - [Business & Legal (309)](https://blog.stpub.com/topic/business-legal) - [Environmental risks (300)](https://blog.stpub.com/topic/environmental-risks) - [Health & Safety (296)](https://blog.stpub.com/topic/health-safety) - [EPA (283)](https://blog.stpub.com/topic/epa) - [Terms & Conditions](https://stphub.stpehs.com/wp-content/uploads/2021/01/STP-Terms-of-Use-Dec-20.pdf) - [Privacy Policy](https://stphub.stpehs.com/wp-content/uploads/2020/12/STP-Privacy-Policy.pdf) - [License Agreement](https://stphub.stpehs.com/wp-content/uploads/2021/01/STP-License-Agreement-Dec-20.pdf) - [Sitemap](http://stpub.com/sitemap) - [Support](http://stpub.com/support) © 2021 STP ComplianceEHS - All rights reserved