Pregnancy

News & Analysis as of

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more

U.S. Supreme Court Rules on Pregnancy Accommodations

This is one of our "ones to watch for 2015" – Young v. UPS. The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that...more

U.S. Supreme Court Vacates Young v. UPS Finding that UPS Failed to Accommodate Lifting Restrictions of Pregnant Worker

The U.S. Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS by vacating a Fourth Circuit decision today by a 6-3 vote. Young worked as an air driver for UPS, which required her to lift up to 70...more

2015 Check-In — Have you updated your policies and documents?

Earlier this year, we posted a checklist outlining key issues and action items for compliance in 2015. With the first quarter coming to a close, we want to remind you of a few important items from that checklist that required...more

Are More Protections for Minnesota Working Parents on the Way?

We recently alerted you to proposed legislation that, if passed, would expand last year’s Minnesota Women’s Economic Security Act (WESA) by requiring paid “sick and safe” time off benefits for almost all Minnesota employees...more

Pregnant Dancers are Sexy and They Know It

In considering a motion for summary judgment that may have been written just so I could write about it, in Berry v. The Great American Dream, Inc. (No. 13-CV-3297-TWT), the Northern District of Georgia decided – once and for...more

Pregnant women receive protection in the workplace from new Illinois law

Chicago workers comp lawyers knows that working mothers are a crucial part of the country’s economy. According to the U.S. Bureau of Labor Statistics, 70 percent of American mothers with children under 18 were active in the...more

Legal approaches to pregnancy in the workplace

The Obama Administration has made it clear that it wants to increase protections for pregnant employees. There is also significant discussion in the media about family-friendly workplaces. Against this backdrop, employers,...more

Manatt on Health Reform: Weekly Highlights - March 2015 #2

King v. Burwell speculation has been rampant since the Supreme Court heard oral testimony on Wednesday. All eyes are on Justices Kennedy and Roberts, who are likely to wield the deciding votes. In other news, CMS approved a...more

DC's Protecting Pregnant Workers Fairness Act Takes Effect

D.C. employers are now required to accommodate pregnant workers. The District of Columbia’s Protecting Pregnant Workers Fairness Act of 2014 (the Act) took effect on March 3. The new law requires D.C. employers to...more

D.C.’s New Law Protecting Pregnant Workers Is Now Effective

On March 3, 2015, the D.C. Protecting Pregnant Workers Fairness Act of 2014 became effective. The Act provides increased protections for pregnant workers and requires employers to provide reasonable workplace accommodations...more

Noodles Asian Bistro Sued by EEOC For Pregnancy Discrimination

Restaurant Fired Employees Because of Pregnancy, Federal Agency Charges - MEMPHIS, Tenn. - Noodles Asian Bistro, Inc., an Asian restaurant located in Bartlett, Tenn., violated federal law when it fired two female servers...more

New Protections for Pregnant Employees Set to Take Effect in the District of Columbia

Employers in the District of Columbia will soon be required to provide reasonable workplace accommodations to employees whose ability to perform the functions of their positions are limited as a result of pregnancy,...more

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

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

The District of Columbia recently joined twelve other states that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or...more

OIG Approves Free Diapers and Playpen in Connection with Medicaid Program Promoting Pre- and Post-Natal Care

On January 26, 2015, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued an advisory opinion approving an entity’s practice of advertising and providing free diapers and free portable...more

OIG Issues Advisory Opinion Regarding Free Items Provided By State Maternal Infant Health Program

On February 2, 2015, OIG posted a favorable Advisory Opinion regarding the provision of certain free items to Medicaid beneficiaries by a state maternal infant health program (the “Program”). The Program is designed to...more

No Room at Nut Tree. But Why?

A pregnancy clinic that offers ultrasounds and counseling to expectant mothers signed a lease last October at the Nut Tree Road Medical Arts Center in Vacaville California. Alpha Pregnancy Clinics was looking for more square...more

Illinois Employers Will Need To Comply With Several New Laws That Take Effect In 2015

The Job Opportunities for Qualified Applicant Act: Commonly referred to as the "ban-the-box” law, employers with 15 or more employees cannot consider or inquire into an applicant’s criminal record or history until: (a) the...more

Accommodations for Pregnant Employees Reaches Supreme Court

What accommodations must employers provide to pregnant employees? On December 3, 2014, the Supreme Court heard oral argument in a case, Young v. United Parcel Service, that may help clarify the answer to this question. The...more

Reminder - New Pregnancy Discrimination Obligations and Poster for Illinois Employers

As we previously reported, as of January 1, 2015, Illinois employers with 15 or more employees are subject to new amendments to the Illinois Human Rights Act that require employers to reasonably accommodate employees affected...more

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy,...more

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

Reminder – Immediate Action Required Under New Illinois Pregnancy Rights Provisions

On January 1, 2015, Illinois Human Rights Act amendments providing additional rights to pregnant employees will take effect. As previously mentioned, the law will require some immediate steps by employers....more

Does the Pregnancy Discrimination Act Require Light Duty Assignments for Pregnant Workers?

The Supreme Court recently heard oral argument in Young v. UPS, a case that could drastically impact accommodation policies for pregnant employees. Up until now, courts widely held that employers could offer light-duty...more

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