Does a company that transfers disabled employees to light duty positions have to do the same for pregnant employees who are not disabled?
Yes, according to recent guidance of the Equal Employment Opportunity Commission (EEOC), although the issue is currently pending before the United States Supreme Court. The EEOC recently issued guidance that extends the protections of the Pregnancy Discrimination Act (PDA) beyond its currently-recognized limits. Under the PDA, pregnant employees must be treated the same as non-pregnant workers similar in their ability or inability to work. In 2008, Congress amended the Americans with Disabilities Act to expand…