Labor and Employment Law

Recent Posts

$185 Million Pregnancy Discrimination Award
Posted on 19 Nov 2014 by Philip Miles

Discriminating against pregnant employees or employees who oppose discrimination is generally unlawful. That's not news. A California federal jury awarded a woman who worked for AutoZone $872,719 in compensatory damages ($393,759 for past economic... Read More

Posted on 15 Oct 2012 by Abbey Spanier

I have previously blogged about instances in which pregnant women have unsuccessfully sued their employers for discrimination . However, if the Pregnant Workers Fairness Act , which was introduced into the Senate on September 19, 2012 by U.S. Senators... Read More

Double Whammy for Employer Who Won’t Accommodate Pregnancy — But Will the EEOC’S Case Survive?
Posted on 1 Oct 2015 by Robin Shea

This case may have some problems, but it’s a good illustration of why employers need to be careful, post- Young v. UPS [subscribers can access an enhanced version of this opinion: | Lexis Advance ]. Thanks very much to Bill Goren for sending... Read More

Reading the #SCOTUS Tea Leaves: Young v. UPS and Pregnancy Accommodations
Posted on 4 Dec 2014 by Jon Hyman

Yesterday, the Supreme Court heard oral argument in Young v. UPS , which will decide whether Title VII requires an employer to accommodate pregnant workers the same as non-pregnant workers similar in their inability to work. UPS required Peggy Young... Read More

Jury Verdicts Are Just Numbers on a Paper
Posted on 19 Nov 2014 by Jon Hyman

On Monday, a California jury awarded a former Autozone employee $185 million in punitive damages. She had sued the company for pregnancy discrimination, claiming that the district manager who fired her was promised a promotion if he fired all of the women... Read More

EEOC Updates Pregnancy Discrimination Guidance to Embrace Accommodations
Posted on 7 Jul 2015 by Jon Hyman

In the wake of the Supreme Court’s decision in Young v. UPS , the EEOC has updated its administrative guidance on pregnancy discrimination [subscribers can access an enhanced version of this opinion: | Lexis Advance ]. The updated guidance... Read More

McDonnell Douglas Lives! Supreme Court Applies Decades-Old Test to Pregnancy Accommodation Claims
Posted on 25 Mar 2015 by Jon Hyman

This morning, the U.S. Supreme Court issued one of its most anticipated employment-law rulings of this term, in Young v. United Parcel Service [pdf] [ subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The case... Read More

Moms Rule in Lactation, Pregnancy, and Health Insurance Challenges
Posted on 7 Jun 2013 by Robin Shea

Mother's Day is long past, but you'd never know it -- in employment law, this has been the Week of the Moms. Here's a roundup - tell us what you think! First up: Title VII's ban on pregnancy discrimination includes discrimination... Read More

The ADAAA, Young v. UPS, and the New State of Pregnancy Accommodation Law
Posted on 3 Apr 2015 by Philip Miles

In Young v. UPS , the Supreme Court created a framework for analyzing Title VII (including the Pregnancy Discrimination Act amendments) discrimination claims based on an employer's failure to accommodate pregnant employees [ subscribers may... Read More

Lost in Translation: Weight and Pregnancy Discrimination in Michigan
Posted on 14 May 2014 by John Holmquist

On April 7, 2014, the EEOC issued a press release announcing that Weight Watchers had settled a pregnancy discrimination case. According to the press release, the company told a woman who had was a lifetime member and who was interested in employment... Read More

Pregnancy Discrimination
Posted on 29 Sep 2011 by Craig Salner

In Slater v. Energy Services Group Int'l. Inc. , 2011 WL 4425306 (11th Cir. Sept. 23, 2011), the Eleventh Circuit Court of Appeals affirmed summary judgment for the employer in a claim for pregnancy discrimination under Title VII and Florida's... Read More

On the EEOC Radar: Pregnancy and Caregiver Discrimination
Posted on 28 Feb 2012 by John Holmquist

On February 15, the EEOC held a hearing where speakers addressed the issues of pregnancy and caregiver discrimination. It was the Commission's first hearing of the year. EEOC Chair Berrien stated that discrimination based on pregnancy persists... Read More

Reminder: You Cannot Decide When a Pregnant Employee Can and Cannot Work
Posted on 16 Sep 2015 by Jon Hyman

The EEOC recently announced that it has filed suit against a Texas home healthcare company for terminating a pregnant employee. The EEOC describes the key allegations : EEOC charges in its suit, that Zanna Clore was told to obtain a doctor’s... Read More

EEOC’s Revised Pregnancy Guidance: Now, Just Barely More Flexible!
Posted on 9 Jul 2015 by Robin Shea

(Channeling David Spade today.): Hey, EEOC, there’s this newfangled technique known as “track changes.” Look into it! Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination... Read More

U.S. Supreme Court Hears Oral Arguments in Pregnancy Bias Suit
Posted on 3 Dec 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) United Parcel Service Inc. (UPS) violated the Pregnancy Discrimination Act (PDA) when it refused to accommodate an employee’s lifting restrictions that were caused by her pregnancy even though it provided... Read More