Pregnancy

News & Analysis as of

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

Supreme Court Creates New Framework for Deciding Pregnancy Discrimination Claims

What you need to know: The US Supreme Court recently decided a case where it created a new framework for proving pregnancy-related discrimination, making it easier for cases to reach a jury....more

New Illinois Laws in 2015: What Employers Should Know

Ban the Box - Joining the current “Ban the Box” trend, effective January 1, 2015, the Job Opportunities for Qualified Applicants Act prohibits Illinois employers from asking job applicants about their criminal record...more

Employers Beware: New Standard Issued for Accommodating Pregnancy

Earlier this week, the U.S. Supreme Court declared that a new test applies for pregnancy discrimination. In Young v. UPS, the Supremes decided that in pregnancy discrimination actions under the federal Pregnancy...more

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

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

Connecticut Law May Force Employer to Transfer Pregnant Employee

So, in yesterday’s post, I alerted you to a portion of the state’s pregnancy discrimination law that you may not have been aware of, namely Conn. Gen. Stat. Sec. 46a-60(a)(7)(E). If you haven’t read it yet, I’d suggest you...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

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