The Equal Employment Opportunity Commission has come out with new guidelines that mandate how employers must treat pregnant employees. These guidelines are updates on laws that have been in place for the last 30 years and are aimed at ending overt discrimination as well as subtle discrimination against pregnant women.

They were updated to combat a 46 percent increase in pregnancy-related discrimination complaints and to combat what was seen as widespread overt discrimination against those who are pregnant. Action was taken just weeks after the U.S. Supreme Court agreed to consider the EEOC’s duty to attempt to settle such workplace issues before lawsuits are filed against employers.

Under these new workplace discrimination guidelines, it is illegal to force pregnant workers to take leave. In addition, both men and women must be able to take voluntary leave after the child is born. Employers must be willing to provide lighter workloads for those who are expecting a child and must cover lactation after childbirth as a medical issue. Finally, women cannot be treated differently based on past pregnancies nor on the basis of whether or not a female employee may get pregnant again in the future. Employers who are in violation of these rules could be guilty of sex discrimination, which is an illegal employment practice.

The law says that employees must be judged by their ability to do their job and not based on their sex, sexual orientation, age or religion. While employees generally must be able to demonstrate an ability to do the job that they are hired for, women who are pregnant may be granted leeway under the law. Anyone who feels as if they are being discriminated against should speak immediately with a knowlegeable and experienced plaintiff’s employment lawyer.

Source: North Jersey, “Agency toughens protections for pregnant workers”, Tom Raum, July 15, 2014