INSIGHT: What to Expect When Your Employees Are Pregnant or New Parents

December 03, 2018

Forty years ago Congress amended Title VII to clarify that the prohibition on sex discrimination included discrimination on the basis of pregnancy, childbirth, or related-medical conditions. Thus was born the Pregnancy Discrimination Act (PDA).

Despite the substantial length of time in which the PDA has been in force, pregnancy discrimination and accommodation remain hot topics at both the federal and state levels.

If there were any doubt regarding the interest of the Equal Employment Opportunity Commission (“EEOC”) in this area, one need look no further than its charge statistics and recent litigation. The Commission received 3,174 charges in FY 2017 and recovered a staggering $15 million for pregnancy bias claims during this same period. While the number of charges is actually down from FY 2016, the amount of litigation remains high.

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