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Changes to the definition of the term "disability" resulting from enactment of the ADA Amendments Act of 2008 (ADAAA) make it much easier for pregnant workers with pregnancy-related impairments to demonstrate that they have disabilities for which they may be entitled to a reasonable accommodation under the ADA.Reasonable accommodations available to pregnant workers with impairments that constitute disabilities might include allowing a pregnant worker to take more frequent breaks, to keep a water bottle at a work station, or to use a stool; altering how job functions are performed; or providing a temporary assignment to a light duty position.Thus, the PDA extended to pregnancy Title VII's goals of "'[achieving] equality of employment opportunities and remov[ing] barriers that have operated in the past to favor an identifiable group of . In the years since the PDA was enacted, charges alleging pregnancy discrimination have increased substantially.
SUBJECT: EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues PURPOSE: This transmittal covers the issuance of the Enforcement Guidance on Pregnancy Discrimination and Related Issues.
This document provides guidance regarding the Pregnancy Discrimination Act and the Americans with Disabilities Act as they apply to pregnant workers. EXPIRATION DATE: This Notice will remain in effect until rescinded or superseded.
Adverse treatment of pregnant women often arises from stereotypes and assumptions about their job capabilities and commitment to the job.
For example, an employer might refuse to hire a pregnant woman based on an assumption that she will have attendance problems or leave her job after the child is born.
The most familiar form of pregnancy discrimination is discrimination against an employee based on her current pregnancy.