The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments:
June 25, 2015: EEOC Issues First Revision in 30 years of its “Enforcement Guidance on Pregnancy Discrimination and Related Documents.”
Reacting to the U.S. Supreme Court’s recent pregnancy-discrimination decision in Young V. UPS, INC., the EEOC has now amended Sections 1.B.1. (Disparate Treatment) and 1.C.1. (Light Duty) of its Enforcement Guidance related to Pregnancy Discrimination. Here is the EEOC’s revised view of pregnancy discrimination in light of the UPS decision:
An employer is required under Title VII to treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other employees similar in their ability or inability to work, whether by providing modified tasks, alternative assignments, or fringe benefits such as disability leave and leave without pay. In addition to leave, the term “fringe benefits” includes, for example, medical benefits and retirement benefits.”
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at 866-268-6206 (for DirectEmployers Association Members), or send an email to Candee Chambers at email@example.com with your ideas.
John C. Fox, Esq. is President and Partner at Fox, Wang & Morgan P.C. where he represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Full Bio »