Friday, May 22, 2015

Supreme Court Rules in Favor of Pregnant Employee Who Was Denied Light Duty Accommodation

by Bryan Pieper, Esq.

The U.S. Supreme Court recently ruled in favor of a pregnant employee who claimed United Parcel Service (UPS) committed sex discrimination in violation of the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act of 1964 (Title VII) when it refused to accommodate her doctor's restriction that she not lift more than 20 pounds. Young v. United Parcel Service, Inc., 575 U.S. ___ (2015)

The trial court granted summary judgment to UPS, dismissing the lawsuit prior to trial, and the Court of Appeals upheld the dismissal. The Supreme Court reversed that decision and sent the case back to the trial court, stating that the plaintiff was entitled to have her case decided at trial.

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Tuesday, April 7, 2015

SCOTUS Clarifies Law on Treatment of Pregnancy Related Disabilities

by Andrew M. Hendrick, Esq.

In a decision issued on March 25, 2015, Young v. United Parcel Service, Inc., 575 U.S. ___ (2015), the U.S. Supreme Court clarified the law on the treatment of pregnant employees with pregnancy-related disabilities.


The Pregnancy Discrimination Act

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on sex. The Pregnancy Discrimination Act (PDA) amended Title VII to provide that discrimination based on sex includes discrimination "on the basis of pregnancy, childbirth, or related medical conditions."

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Monday, March 23, 2015

How to Treat Pregnancy-Related Disabilities

by Kathryn Morris Willis, Esq.

A pregnant employee walks into your office, says she has a lifting restriction of five pounds, and can't do her job. You reason, "Pregnancy isn't a disability. I don't have to treat it that way." Right?

Not so fast.

In July 2014, the EEOC issued a new Guidance (Enforcement Guidance on Pregnancy Discrimination and Related Issues) regarding pregnancy and pregnancy-related disabilities, presumably in response to a growing number of pregnant women in the workplace.

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Wednesday, September 3, 2014

EEOC Issues Updated Enforcement Guideline Regarding Pregnancy Discrimination

by Grissel Seijo, Esq.

On July 14, 2014, the EEOC issued an updated Enforcement Guideline ("Guideline") on Pregnancy Discrimination. This is the first significant update since 1983.

The Guideline emphasizes the overlaps of law that protect pregnant and recently pregnant women. Specifically, the Guideline discusses the protections afforded pregnant employees by Title VII of the Civil Rights Act of 1963 ("Title VII"), the Pregnancy Discrimination Act ("PDA"), the American With Disabilities Act, as amended ("ADA") and Family Medical Leave Act ("FMLA").

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Monday, August 4, 2014

A New Wave of Employment Laws Require Accommodations for Pregnant Workers

by Natalie Koss, Esq.

Claims for pregnancy discrimination have been on the uptick for the last several years. Further adding to employer concerns are a new and varied number of laws protecting pregnant workers. States and localities are adopting new laws that protect pregnant workers from discrimination that fill the void left by federal laws governing disability and pregnancy discrimination.

Maryland, New Jersey, and Illinois are just a sample of the new jurisdictions enacting new laws requiring employers to find ways to accommodate pregnant workers. While many states are enacting pregnancy accommodation laws for the first time, California and Hawaii have had pregnancy accommodation laws on their books for many years.

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Monday, December 9, 2013

Reasonable Accommodation Disputes in Disability Discrimination Cases

by Kenneth J. Rose, Esq.

"Reasonable accommodation" is one of (if not) the fundamental component(s) of Federal and State legislation barring workplace discrimination against individuals who have covered disabilities or religious beliefs. In both disability and religious employment discrimination litigation, most often the underlying battle concerns the employer's legal duty to reasonably accommodate an employee's disability or religious observance and practices.

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