It is reasonable to conclude that her discharge was attributable to the supervisor's stereotypes about pregnant workers' attendance rather than to Maria's actual attendance record and, therefore, was unlawful.
Darlene, who is visibly pregnant, applies for a job as office administrator at a campground.
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.
OBSOLETE DATA: This Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014.
While pregnancy itself is not a disability, pregnant workers and job applicants are not excluded from the protections of the ADA.
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 EXPIRATION DATE: This Notice will remain in effect until rescinded or superseded.
When she was three months pregnant, Germaine's supervisor told her that she would not receive a bonus.
Because the pregnancy was not obvious and the evidence indicated that the decision makers did not know of Germaine's pregnancy at the time of the bonus decision, there is no reasonable cause to believe that Germaine was subjected to pregnancy discrimination.