apps clear
Blogs Employment Updates (Blog)

“EEOC FOCUSES ON PREGNANCY DISCRIMINATION”

The EEOC announced on September 4, 2012,  a draft StrategicEnforcement Plan targeting enforcement of pregnancy anti-discrimination laws.

Charges of Discrimination raising pregnancy discrimination would receive increased investigatory attention and resources to ensure timely and quality enforcement action.

Meritorious cases raising SEP or district priority issues should be given precedence in litigation recommendations and selection over non-priority issue cases.  

This is an opportunity for employers to get ahead of the curve and audit their policies and decisions for compliance with the Pregnancy Discrimination Act, passed in 1978; the Family Medical Leave Act (FMLA) of 1993; and Title VII of the Civil Rights Act, passed in 1964.

Potential problems bearing additional management attention include:
·        Refusing requested accommodations routinely provided to similarly situated employees and placing the employee on unpaid leave;
·        Terminations from employment for performance issues close in time to a requested pregnancy leave or accommodation request;
·        Claims of retaliation and harassment.

Prudent employers will make sure that:

·        Accommodation and leave requests are brought to the attention of upper management and not just the employee’s immediate supervisor;
·        Reporting mechanisms for harassment and retaliation are routinely published and reinforced;
·        Termination of employment is consistent with prior reviews, salary adjustments, etc.

If employers place additional attention on these issues, then compliance will be improved and the risks of litigation decreased.

Leave a comment