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Supreme Court Revives Pregnancy Discrimination Act Claim

3.25.15

Sally Barron was quoted on SHRM on March 25, 2015. The article “Supreme Court Revives Pregnancy Discrimination Act Claim” discussed how a Pregnancy Discrimination Act (PDA) case decided by the U.S. Supreme Court on March 25, 2015, may be overshadowed by the Americans with Disabilities Act Amendments Act, enacted in 2008 and in effect since Jan. 1, 2009.

The Supreme Court decision shows that if employers offer benefits such as light duty to one group of employees, the businesses need to consider whether they are required to provide those benefits to pregnant employees, as well, said Sally.

“Even though policies are neutral on their face, you have to look at their effect,” she said, noting that the case was in some ways a disparate impact case in disparate treatment’s clothing. While the court criticized the Equal Employment Opportunity Commission’s (EEOC’s) guidance on accommodating pregnant workers, many employees who are pregnant now have disabilities under the Americans with Disabilities Act Amendments Act (ADAAA), so employers should still heed the portions of the guidance that discuss that, she suggested.

To read the full article, please visit SHRM.

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