Feds Update Pregnancy Discrimination Guidelines
For the first time in three decades, the federal administration has updated its guidelines to prevent workplace pregnancy discrimination. The new guidelines will go a long way in helping protect pregnant workers from discrimination.
The rules were adopted by the Equal Employment Opportunity Commission, and now hold that workplace discrimination or harassment against pregnant employees is a form of illegal sex harassment. The guidelines clearly establish that such harassment is illegal, and that there has been an increase in overt pregnancy discrimination, as well as more subtle discrimination against pregnant employees over the past few years. For the first time, the guidelines clearly establish how the Americans with Disabilities Act will apply to pregnant employees. The guidelines also establish that discrimination against female employees, based on past pregnancies or potential future pregnancies is also illegal under the law.
The last time the Equal Employment Opportunity Commission updated its guidelines related to pregnancy discrimination was back in 1983. These new guidelines are sorely needed. There has been an upswing in the number of employees who have been fired, denied jobs, and promotion opportunities all because they were pregnant, or could possibly get pregnant in the future.
Those kinds of discriminatory practices are now clearly illegal under the law, and this will have a major impact on employment lawsuits that are based on pregnancy discrimination in California. Under the new guidelines, employers are specifically prohibited from forcing pregnant employees to take leave, and are also guided to provide light work for pregnant workers. Lactation is now covered as a pregnancy-related medical condition after childbirth. The guidelines also include paternal leave under the same umbrella, and say that when it comes to matters involving parental leave, males and females must be treated similarly.
