July 16, 2014
Claims of discrimination can one be one of the most costly charges an employer can face. Understanding how the Ohio Civil Rights Commission (OCRC) and the Equal Employment Opportunity Commission (EEOC) analyze claims of discrimination is paramount in preventing discrimination in the workplace and for preparing a defense if discrimination charges have been filed. On Monday, the EEOC issues new enforcement guidance on pregnancy discrimination by publishing the following three documents:
- Enforcement Guidance: Pregnancy Discrimination and Related Issues
- Questions and Answers about the EEOC’s Enforcement Guidance on Pregnancy Discrimination and Related Issues
- Fact Sheet for Small Businesses: Pregnancy Discrimination
There are many issues highlighted by the EEOC’s publications, of particular note are:
- It is unlawful to discriminate against an employee who is currently pregnant, was pregnant in the past, or based on the employee’s potential to become pregnant.
- A pregnant employee who is able to do her job can’t be forced to take leave.
- Denying lactation time or space to new mothers is discriminatory.
- Employers must offer light duty (if available) and provide the same accommodations to pregnant employees as to other employees with similarly disabling medical conditions.
- Employers may have to provide reasonable accommodations for employees with pregnancy-related impairments (e.g. preeclampsia, gestational diabetes, etc.).
Employers would be remiss for failing to read these three documents. Although the EEOC’s guidance is not a binding statute, courts routinely reference the EEOC’s interpretations and guidance when hearing discrimination cases.
For more information on the pregnancy discrimination or other human resource needs please contact Clemans Nelson toll free at (800)-282-0787 or at one of the following regional offices:
Akron: 330-785-7700 Cincinnati: 513-583-9221 Dublin: 614-923-7700 Lima: 419-227-4945