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Pregnancy Discrimination

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 state statutory equivalent, the Florida Civil...

On the EEOC Radar: Pregnancy and Caregiver Discrimination

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 in the 21st century workplace and that the EEOC is...

PA Bill Would Prohibit "Pregnancy" Discrimination

Pennsylvania House Bill No. 2542 (text here) would add "pregnancy" to the list of protected classes under the Pennsylvania Human Relations Act (PHRA). The PHRA is Pennsylvania's version of Title VII, protecting individuals from employment discrimination. The proposed law would just insert...

BILL INTRODUCED IN SENATE WILL PROVIDE PROTECTIONS TO PREGNANT WOMEN IN THE WORKPLACE

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 Bob Casey (D-PA) and Jeanne Shaheen (D-NH) is passed...

Moms Rule in Lactation, Pregnancy, and Health Insurance Challenges

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 based on lactation or the need to express milk ...

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...

Lost in Translation: Weight and Pregnancy Discrimination in Michigan

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 that it did not hire pregnant woman. During the litigation...

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...

$185 Million Pregnancy Discrimination Award

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 loss earnings, $228,960 for future economic loss...

Jury Verdicts Are Just Numbers on a Paper

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 in his stores. Last week, the same jury awarded...

Why You Probably Aren't Getting A $186 Million Check If You Sue Your Former Employer

If you're contemplating bringing a discrimination case against your former employer, you've probably been scouring the Internet for information. You also probably found the recent case where an employee who was the victim of pregnancy discrimination won a $186 million verdict against her employer...

U.S. Supreme Court Hears Oral Arguments in Pregnancy Bias Suit

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 accommodations for other employees with lifting...

Reading the #SCOTUS Tea Leaves: Young v. UPS and Pregnancy Accommodations

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 to be able to lift up to 70 pounds as part of her...

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected to Take Effect on March 3, 2015

by Karin Johnson The District of Columbia recently joined twelve other states[ 1 ] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed...

U.S. Supreme Court Vacates Fourth Circuit’s Pregnancy Discrimination Ruling

WASHINGTON, D.C. — (Mealey’s) A pregnant worker who seeks to demonstrate disparate treatment via indirect evidence may do so under the framework established in McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973) [ an enhanced version of this opinion is available to lexis.com subscribers...

McDonnell Douglas Lives! Supreme Court Applies Decades-Old Test to Pregnancy Accommodation Claims

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] [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The case asked under what circumstances an employer must...

The ADAAA, Young v. UPS, and the New State of Pregnancy Accommodation Law

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 [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion...

EEOC Updates Pregnancy Discrimination Guidance to Embrace Accommodations

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.com | Lexis Advance ]. The updated guidance includes Enforcement Guidance on Pregnancy Discrimination...

EEOC’s Revised Pregnancy Guidance: Now, Just Barely More Flexible!

(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 and accommodation in light of the U.S. Supreme...

Reminder: You Cannot Decide When a Pregnant Employee Can and Cannot Work

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 note after the employer learned of her pregnancy....

Double Whammy for Employer Who Won’t Accommodate Pregnancy — But Will the EEOC’S Case Survive?

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.com | Lexis Advance ]. Thanks very much to Bill Goren for sending it my way. The Equal Employment Opportunity...