According to the United States Equal Employment Opportunity Commission’s (EEOC) office, as of July 14, 2014, pregnant employees may be entitled to accommodations under both the ADA and the Pregnancy Discrimination Act. The new Act updates the EEOC’s pregnancy discrimination guidelines for the first time in 30 years. The Pregnancy Discrimination Act states employers are required to accommodate pregnant employees in the same way they accommodate other employee’s “similar in their ability or inability to do work.” Reflecting with the ADA’s expanded definition of “disability,” the EEOC indicates that a normal pregnancy on its own is not considered a disability, but medical conditions related to pregnancy that may arise, will more than likely be considered a disability under the ADA.
What does this mean for you as the employer? Employers must engage in the interactive process with pregnant or recently pregnant employees as required by the ADA and the Pregnancy Discrimination Act to address any potential accommodations should the employee raise concerns. Read more here.
If you have further questions or concerns about the ADA or the Pregnancy Discrimination Act, please feel free to contact Aisha Hartford, Director of Client Services at 800-462-6435 Ext 233 or at [email protected].