How NOT to Respond to an Employee’s Pregnancy

If an employee with low sales numbers announces her pregnancy, do you: congratulate her and continue to treat her the same as before the announcement, or ask others, "What are we going to do about that?" According to the plaintiff in Majer v. Lexion Medical , her employer...

Pregnancy as Disability Discrimination: New ADA vs. Old ADA

A year ago, the 6th Circuit concluded that pregnancy-related impairments that are not part of a "normal" pregnancy-such as miscarriage susceptibility-can qualify for protection under the ADA. Spees v. James Marine, Inc., 617 F.3d 380 [ an enhanced version of this opinion is available to...

EEOC's "emerging issues": LGBT rights, and accommodations for pregnant women

The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan . If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The agency proposes that its priorities will be *Systemic...

New York City Enacts Statute Requiring Employers To Provide Reasonable Accommodation For Pregnancy And Childbirth

Effective January 30, 2014, a new statute in New York City requires employers to provide reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition. It is an affirmative defense “that the person aggrieved by the alleged discriminatory practice...

Pregnancy Covered By Florida Civil Rights Act, State Supremes Rule

This being Florida, I expect bizarre court cases from time to time. However, the Florida Supreme Court has restored my faith (for now) that sanity will eventually reign. Two years ago, the Third District Court of Appeal, which covers Miami, ruled that pregnancy discrimination was not discrimination based...

5 HR Essentials from the #EEOC's New Pregnancy Discrimination Guidance

On the heels of yesterday's astounding blogging success, " What LeBron's return teaches employers about accommodating the Mark of the Beast " -- Pulitzer, please -- I was planning on coming at you today with "Five Workplace Lessons from Dutch Soccer's Third Place in the World...