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
Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree post image

Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree

NJBIZ recognizes the firm for advancing women in the workplace and in the community Scarinci Hollenbeck, LLC is proud to announce that it has been named a 2026 NJBIZ Empowering Women honoree. The program recognizes New Jersey companies and organizations for tangible, innovative efforts to advance women in the workplace and in the community. The […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree"
Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm post image

Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm

The firm has added 20 legal professionals since May, with the latest group bringing a new partner, counsel, and associates to its New Jersey offices. Scarinci Hollenbeck, LLC today announced four new attorneys joining its New Jersey offices: Denis G. Murphy as Partner, Michael B. Mietlicki as Counsel in the Litigation Group, and Kimberly Diaz […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm"
Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?" post image

Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?"

Scarinci Hollenbeck, LLC is pleased to announce that Partner Brian D. Spector is producing What Exit?, a new entertainment podcast featuring industry news and guests from the Garden State. Hosted by Jared Goldsmith (Dear Evan Hansen), the podcast premiered on Saturday, August 29, 2026, and is available on Spotify and YouTube. What Exit? takes its […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?""
Sean Pena Joins Montclair State University as Adjunct Professor post image

Sean Pena Joins Montclair State University as Adjunct Professor

Scarinci Hollenbeck, LLC is pleased to announce that Sean M. Pena, a Partner in the firm’s Litigation group, has been appointed as an Adjunct Professor in the Department of Political Science and Law at Montclair State University. He will teach Perspectives on Law: Theoretical Foundations and Practical Applications of United States Legal Systems during the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Sean Pena Joins Montclair State University as Adjunct Professor"
Scarinci Hollenbeck Attorneys Recognized as 2027 Best Lawyers in America® post image

Scarinci Hollenbeck Attorneys Recognized as 2027 Best Lawyers in America®

Nine Scarinci Hollenbeck Attorneys Recognized in 2027 Edition of Best Lawyers in America® Scarinci Hollenbeck, LLC is pleased to announce that nine of its attorneys have been recognized in the 2027 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America®. First published in 1983, Best Lawyers is universally regarded […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Recognized as 2027 Best Lawyers in America®"
Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Environmental Law Scholarship Recipient Talha Iqbal! Scarinci Hollenbeck, LLC has awarded the second annual Theodore A. Schwartz Scholarship for Environmental Law to Talha Iqbal, a rising third-year student at Rutgers Law School in Newark. Mr. Iqbal will receive $2,500 to support his continued legal education. The Environmental Law Scholarship is awarded annually […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law"

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!