Responding to the recent United States Supreme Court decision in Young v. UPS, the U.S. Equal Employment Opportunity Commission has issued revised Enforcement Guidance on Pregnancy Discrimination and Related Issues.
In its press release announcing the updated guidance, the Agency explained the update to its previously released guidance were limited in scope and tailored to address the recent Supreme Court decision which dealt with the issue of a woman’s ability to establish pregnancy discrimination based on an employer’s accommodation practices.
Early this year the OFCCP relied on EEOC’s initial pregnancy discrimination guidance for a portion of the Agency’s proposed Sex Discrimination Rules. With the Supreme Court decision in Young coming days before the close of the public comment period for the proposed rules, OFCCP extended the comment period to allow the public time to comment on the implications of the court ruling on the Agency’s proposal. How OFCCP will address and/or incorporate the court ruling and EEOC’s revised guidance in its final rules remains to be seen. The public comment period for the proposed Sex Discrimination Rules closed in April 2015 and the final rules are anticipated late this year.