Victoria Lipnic gave an audience of mostly management-side labor and employment lawyers a peek behind the Equal Employment Opportunity Commission’s curtain at the Epstein Becker & Green briefing she addressed in October. A Republican commissioner appointed by President Barack Obama in 2010, Lipnic parted ways with some of her colleagues on their 3-2 decision to issue guidance on how employers should handle pregnant employees under the Americans with Disabilities Act as well as the Pregnancy Discrimination Act.
Lipnic, who wrote a dissent in response to the July guidance, explained that she objects to the part that came “this close” to saying pregnant women on the job are entitled to an accommodation of light duty. “As a policy matter, I would support something like that, but that’s for Congress to decide,” she said. “And I think that we were very clearly legislating in our guidance document, and that is not in my view for us to do.”
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