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EEOC Updates Pregnancy Discrimination Act Enforcement Guidance

by Martin Salcedo, Esq. - The Human Equation on 8/27/2014
pregnant woman's stomach

In 1978, the Pregnancy Discrimination Act (PDA) was added to Title VII of the Civil Rights Act to prohibit employment discrimination based on pregnancy, childbirth and related medical conditions. In July 2014, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding pregnancy in the workplace. It has been over 30 years since the EEOC last issued any PDA guidance.

The EEOC’s guidance identifies two fundamental requirements of the PDA:

  • Covered employers, which are generally employers with 15 or more employees, may not discriminate against an employee on the basis of pregnancy, childbirth or related medical conditions.
  • Women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.

The PDA, which covers all aspects of employment, including firing, hiring, promotions and fringe benefits (leave, health insurance, etc.), prohibits discrimination based on an employee’s:

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Warning: Whistleblowers Must be Handled with Care

by Martin Salcedo, Esq. - The Human Equation on 6/4/2014
judge's gavel

Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:

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Qualifying Exigency Leave: A New Type of FMLA Leave that Employers Need to Understand

by The Human Equation, Inc. on 8/12/2009

What happens when an employee’s family member has been called to active military duty? Is the employee eligible for time off under the Family and Medical Leave Act (FMLA)? More...

FMLA Provisions in Employee Handbooks

by The Human Equation, Inc. on 10/9/2008

Due to the slowing economy, our company has been forced to downsize its workforce in the past two years, and, as a result, we are no longer large enough for our existing employees to qualify for coverage by the Family and Medical Leave Act (FMLA). Should we delete any references to the FMLA from our employee handbook? More...

Family & Medical Leave Act - Armed Forces

by The Human Equation, Inc. on 3/23/2008

In light of recent military-related amendments to the Family and Medical Leave Act (FMLA), should I update the FMLA notice currently posted in my employees' break room? More...

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Categories: 2008

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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