New EEOC Guidance on Pregnancy Discrimination: Key Employer Actions

EEOC Issues New Guidance

The Equal Employment Opportunity Commission (EEOC) issued new guidance on May 10, 2026, addressing pregnancy discrimination under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). This guidance clarifies employer obligations to provide reasonable accommodations for pregnant employees and those with pregnancy-related conditions.

Key Aspects of the Guidance

The EEOC's guidance emphasizes that employers must treat pregnancy-related conditions as they would any other temporary disability. This means providing accommodations such as modified work schedules, light duty, or additional breaks if these are offered for other temporary disabilities. The agency also clarified that lactation and breastfeeding are covered under the PDA, requiring reasonable accommodations similar to those for pregnancy-related conditions.

Impact on Employers

Employers must review their current policies and practices to ensure compliance with the new EEOC guidance. This includes evaluating how accommodations are granted and ensuring that pregnant employees are not treated less favorably than other employees with similar abilities or limitations.

Action Items for Employers

1. Review and Update Policies: Employers should immediately review their employee handbooks and policies related to accommodations for pregnancy and related conditions. Ensure these policies align with the new EEOC guidance.

2. Train HR and Management: Conduct training sessions for HR personnel and managers to ensure they understand the requirements and can implement them effectively. This includes recognizing when a pregnancy-related accommodation is necessary and how to handle requests appropriately.

3. Document Accommodations: Maintain thorough documentation of any accommodations provided to pregnant employees or those with related conditions. This can help protect against potential claims of discrimination.

4. Evaluate Workplace Practices: Assess current workplace practices to ensure they do not inadvertently discriminate against pregnant employees. This might involve reviewing job descriptions, physical requirements, and the allocation of duties.

5. Consult Legal Counsel: Given the complexities of the PDA and ADA, consulting with legal counsel may be beneficial to ensure full compliance and to address any specific concerns related to the new guidance.

Conclusion

The EEOC's new guidance on pregnancy discrimination reinforces the need for employers to provide equitable treatment and accommodations for pregnant employees. By taking proactive steps to align policies and practices with the guidance, employers can mitigate the risk of discrimination claims and foster a more inclusive workplace.