Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

EEOC Publishes Updated Pregnancy Discrimination Guidance

Author: Scarinci Hollenbeck, LLC

Date: July 21, 2015

Key Contacts

Back

In the wake of the U.S. Supreme Court’s ruling in in Young v. United Parcel Service, Inc., the Equal Employment Opportunity Commission (EEOC) has published updated pregnancy discrimination guidance.

The latest Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues issued by the agency on July 14, 2014.

In March, the Supreme Court addressed what types of accommodations employers must make for pregnant workers under the Pregnancy Discrimination Act (PDA), which provides that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” The majority ultimately rejected all of the legal standards proposed by the parties, including the EEOC’s proposal.

As previously discussed on this blog, the EEOC’s prior pregnancy discrimination guidance, which was published in 2014, stated that an employer may not treat pregnant workers differently from employees who are similar in their ability or inability to work based on the cause of their limitations. According to the Supreme Court, however, it is not that cut and dry.

With regard to proving a disparate treatment claim under the PDA, the Court held that a plaintiff may make out a prima facie case of discrimination by showing “that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that the employer did accommodate others “similar in their ability or inability to work.’”

Behind the ruling

Adopting the additional burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, the justices held that the burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for treating the pregnant worker differently than a non-pregnant worker similar in his or her ability or inability to work. “That reason normally cannot consist simply of a claim that it is more expensive or less convenient to add pregnant women to the category of those (‘similar in their ability or inability to work’) whom the employer accommodates,” the Court clarified.

Assuming that the employer provides a legitimate non-discriminatory reason for the disparate treatment, the plaintiff may still show that the reason is pretextual. As further explained by the Court, “The plaintiff may reach a jury on this issue by providing sufficient evidence that the employer’s policies impose a significant burden on pregnant workers, and that the employer’s ‘legitimate, nondiscriminatory’ reasons are not sufficiently strong to justify the burden, but rather, when considered along with the burden imposed, give rise to an inference of intentional discrimination.”

In its latest guidance, the EEOC outlines the proof required to sustain a claim under the PDA in the wake of the Young decision. It specifically clarifies that “[a] plaintiff need not resort to the burden shifting analysis set out in McDonnell Douglas Corp. v. Green in order to establish an intentional violation of the PDA where there is direct evidence that pregnancy-related animus motivated the denial of light duty.” However, the EEOC guidance now makes it clear that absent such evidence, a plaintiff must “produce evidence that a similarly situated worker was treated differently or more favorably than the pregnant worker to establish a prima facie case of discrimination.”

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision post image

Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision

Tabakin and Team Advance the Footprint of Scarinci Hollenbeck’s Labor & Employment, Litigation, Real Estate, Land Use, and Public Law Practice Throughout New Jersey Scarinci Hollenbeck announced the addition of Mark Tabakin and his team of six attorneys, significantly strengthening the firm’s Labor & Employment, Litigation, Land Use, and Environmental practices for private and public […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision"
Scarinci Hollenbeck Launches 2026 Summer Associate Program post image

Scarinci Hollenbeck Launches 2026 Summer Associate Program

Rutgers and Seton Hall Law Students Join the Firm’s 8-Week Summer Associate Program. May 27th, 2026 – Little Falls, NJ – Two law students will join Scarinci Hollenbeck’s 2026 Summer Associate Program, which begins Monday, June 1st. Both students will assist with all aspects of the firm’s practice groups throughout their 8-week internship. They will […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Launches 2026 Summer Associate Program"
Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers post image

Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers

Three Scarinci Hollenbeck NYC Attorneys Earn Prestigious Honor Legal rankings publisher Super Lawyers has named three lawyers from Scarinci Hollenbeck’s New York office to its 2026 New York Metro Super Lawyers list. The firm congratulates Ryan O. Miller, Angela A. Turiano, and John D. Giampolo for this notable accomplishment. The Super Lawyers patented selection process […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers"
Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate post image

Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate

Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate"
Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate post image

Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate

GlobeSt editors recognize Scarinci Hollenbeck partner as one of the most accomplished and influential leaders in NYC commercial real estate Scarinci Hollenbeck, LLC is pleased to announce that Ryan O. Miller, Partner in the firm’s New York office and a leading voice in NYC commercial real estate, has been selected by the editors of GlobeSt […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate"
Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City post image

Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City

Partner Donald M. Pepe Guides Approval of 840-Unit Tower with Affordable Housing and Community Amenities in Jersey City’s Journal Square Scarinci Hollenbeck, LLC is pleased to announce that Partner Donald M. Pepe recently secured Journal Square land use approvals for a transformative 55-story mixed-use development located at 2859-2873 John F. Kennedy Boulevard, one of Jersey […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!