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EEOC Commissioner Says Young Decision Has Spurred Review of Pregnancy Guidance

BNA Daily Labor Report
April 23, 2015

Jeff Nowak presented with EEOC Commissioner Victoria Lipnic on pregnancy accommodation at the Disability Management Employer Coalition (DMEC)'s FMLA/ADAAA Employer Compliance Conference 2015. The comments made by both Commissioner Lipnic and Jeff were included in the article, "EEOC Commission Says Young Decision Has Spurred Review of Pregnancy Guidance," published by the BNA Daily Labor Report on April 23, 2015. The following is an excerpt from the article:

The Young “decision itself raises more questions than answers. Although the Supreme Court rejected the notion that you absolutely have to provide light duty to pregnant employees, it is unclear at what point refusing to provide that accommodation constitutes a pretext, which is an inference of discrimination,” Nowak said. 

The majority opinion raised a key question that he believes federal trial court judges likely will pose as to why an employer that accommodates many workers couldn't accommodate a pregnant worker: “Why, when the employer accommodated so many, could it not accommodate the pregnant women as well?” Nowak said. “We employers must be prepared to address this question, so it should be central to our discussions now about how we implement the Young decision in our workplaces.”