Women comprise over half the American workforce, and that number increases annually. While sexual harassment and gender equity issues often garner more attention, how to deal with a pregnant employee who may have work limitations continues to vex employers. It’s an issue that’s often a source of consternation, and if improperly handled, could result in legal liability to employers.
In 1978, Congress passed the Pregnancy Discrimination Act (PDA), which established that pregnancy-related matters are encompassed within the prohibition against sex discrimination under Title VII of the Civil Rights Act of 1964. In essence, it requires employers to provide the same accommodations to pregnant women as any other employee with similar ability or inability to work. In addition to federal law, almost 50% of the states and numerous cities have adopted regulations requiring employers to provide work accommodations for pregnant employees. Accommodations for pregnant employees have been an enforcement priority for the Equal Employment Opportunity Commission (EEOC). It was identified as a “National Substantive Area Priority” under the 2017-2021 EEOC Strategic Enforcement Plan.