THE OKLAHOMA BAR JOURNAL 32 | AUGUST 2025 moms in the U.S.,” Pew Research Center (2023), available at http://bit.ly/44tIWIS. 19. 29 C.F.R. §1604, App. 20. Young, 575 U.S. 206 at 218. 21. Pub. L. No. 101-336, 104 Stat. 327 (1990). 22. Gabriel v. City of Chicago, 9 F.Supp.2d 974 (1998). This case is just one illustration of pregnancy not being considered a disability per se. Subsequent EEOC guidance further notes this, stating, “Conditions, such as pregnancy, that are not the result of physiological disorder are ... not impairments.” 29 C.F.R. §§1630, App., 1630.2(h). 23. 29 C.F.R. §§1630, App.; 1630.2(h). 24. See 42 U.S.C. §12102(3)(B); 29 C.F.R. §1630.15(f). The ADA defines “transitory” as an impairment with an actual or expected duration of up to six months. Minor is defined on a caseby-case basis. Courts consider factors such as severity of the impairment, symptoms, required treatment, associated risks/complications, need for surgical intervention and post-operative care among others. 25. Obstetrics and Gynecology: High-Risk Pregnancy, UCSF Health, available at https://bit.ly/4lvU9j1 (last visited April 7, 2025). 26. 29 U.S.C.§2611. 27. While the FMLA only guarantees entitlement to unpaid leave, experiences may vary regarding paid leave, specifically if an employer provides short-term disability benefits that may provide pay to an employee during a concurrent FMLA leave related to pregnancy and/or childbirth. 28. 29 U.S.C. §2612. 29. Id. 30. Scott Brown, Jane Herr, et al., Employee and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys, Abt Associates, (July 2020); “Key Facts: The Family and Medical Leave Act,” National Partnership for Women and Families (February 2025), available at https://bit.ly/44bsez9. 31. 29 C.F.R. §1636 (2024). 32. H.R. Rep. No. 117-27, at 12 (2021). 33. 42 U.S.C. §2000gg(1)(B)(i). 34. EEOC, “Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA),” (2024), available at https://bit.ly/4lsk2kt (last accessed April 7, 2025); 29 C.F.R. §1636 (2024). 35. 42 U.S.C. §2000gg-1. 36. See 29 C.F.R. §1636 (2024). EEOC interpretative guidance acknowledges that these proposed accommodations marked in italic will “in virtually all cases, be found to be reasonable accommodations that do not impose an undue hardship.” Id. The EEOC identifies that their intent behind identifying these proposed accommodations is to help expedite employees’ requests for simple accommodations and therefore reduce litigation. Id. 37. 42 U.S.C. §2000gg-1(2). 38. “Lago Mar Resort and Beach Club to Pay $100,000 in EEOC Pregnant Workers Fairness Act Suit,” EEOC, Oct. 11, 2024, available at https://bit.ly/44xjPFb; “ABC Pest Control, Inc. Conciliates Pregnant Workers Fairness Act Charge,” EEOC, Sept. 11, 2024, available at https://bit.ly/4lcOzCC. 39. Id. 40. “EEOC Sues Two Employers Under Pregnant Workers Fairness Act,” EEOC, Sept. 26, 2024, available at http://bit.ly/4lagJOE. 41. Id.; see also Complaint, EEOC v. Urologic Specialists of Oklahoma, Inc., No. 24-cv-00452JFJ (N.D. Okla. Sept. 25, 2024). 42. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was enacted in 2022, providing protections for lactating mothers in the workplace. The PUMP Act expands upon existing guidelines from a 2010 amendment to the FLSA, expanding the protections and available remedies for women who need to take breaks to express breast milk. The PUMP Act mandates that employers grant this break time for up to one year following the birth of a child. It does not require that compensation be granted during these breaks, unless the employee is not “completely relieved from duty during the entirety of such break.” Again, this statute is narrow in addressing the needs of mothers, only addressing breaks to express breast milk. This act, being passed in the same year as the PWFA, works in tandem with it to expand protections for working women. 43. Louisiana v. EEOC, 705 F.Supp.3d 643, 661 (W.D. La. 2024). 44. State of Tennessee v. EEOC, No. 24-2249 (8th Cir.) (Feb. 20, 2025). Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
RkJQdWJsaXNoZXIy OTk3MQ==