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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 EXPIRATION DATE: This Notice will remain in effect until rescinded or superseded.

However, even if the employee did not inform the decision makers about her pregnancy before they undertook the adverse action, they nevertheless might have been aware of it through, for example, office gossip or because the pregnancy was obvious.

Since the obviousness of pregnancy "varies, both temporally and as between different affected individuals," When Germaine learned she was pregnant, she decided not to inform management at that time because of concern that such an announcement would affect her chances of receiving a bonus at the upcoming anniversary of her employment.

Other charges include allegations of disparate terms and conditions of employment based on pregnancy, such as closer scrutiny and harsher discipline than that administered to non-pregnant employees, suspensions pending receipt of medical releases, medical examinations that are not job related or consistent with business necessity, and forced leave.Title I of the ADA protects individuals from employment discrimination on the basis of disability, limits when and how an employer may make medical inquiries or require medical examinations of employees and applicants for employment, and requires that an employer provide reasonable accommodation for an employee or applicant with a disability.While pregnancy itself is not a disability, pregnant workers and job applicants are not excluded from the protections of the ADA.The interviewer explains that the campground cannot risk that she will decide to stop working earlier and, therefore, will not hire her.The campground's refusal to hire Darlene on this basis constitutes pregnancy discrimination.




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