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
Feedspot Names Government & Law Blog One of the Top Public Law Blogs post image

Feedspot Names Government & Law Blog One of the Top Public Law Blogs

FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Feedspot Names Government & Law Blog One of the Top Public Law Blogs"
Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion post image

Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion

SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]

Author: Ronald S. Bienstock

Link to post with title - "Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion"
FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs  post image

FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs "
FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs  post image

FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs "
Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List post image

Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List

Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]

Author: Nathanya G. Simon

Link to post with title - "Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List"
SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton post image

SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton

Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]

Author: Angela A. Turiano

Link to post with title - "SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton"

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.

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