Pregnancy

News & Analysis as of

Court Sheds Light On “Pregnancy Accommodation” Obligation After Young V. UPS

A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster...more

Pregnancy & Car Accidents: What To Do

Being pregnant can be an exciting time, but also one that is often filled with worry and concern for the mom-to-be. If you or your loved one is involved in an auto accident while pregnant, the stress can be even greater as...more

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10,...

Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under...more

Eleventh Circuit Recognizes Pregnancy Complications as ADA Disability, but Says Employer Does Not Have to Waive Mandatory Overtime

The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more

So Long Zoloft MDL

The Zoloft MDL has finally collapsed. We started to see the writing on the wall in June 2014, when the MDL judge ruled that none of the plaintiffs’ experts could testify that taking Zoloft while pregnant could cause birth...more

OIG Approves Free Transportation and Lodging for Certain, Low-Income Pregnant Women - Advisory Opinion 16-02

On March 1, 2016, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 16-02 [PDF], approving an academic medical center's (AMC's) provision of free transportation and lodging...more

Zika Virus: Appropriate Workplace Responses

The Zika virus has been the topic of much discussion and anxiety for many weeks. The United States Centers for Disease Control and Prevention (CDC) has now issued travel warnings for more than two dozen countries in the...more

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

Mom-Friendly Policies May Be A Nice Perk But Could Constitute Gender Discrimination

The EEOC, and at least some Plaintiffs’ lawyers, are taking the position that employers may not offer more parental leave to a birth mother than to a father, unless justified by medical necessity. Any other outcome, they...more

New York State Expands Equal Pay Law and Other Workplace Protections for Women

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in New York State. The...more

Failure to Promote Employee on Maternity Leave Results in Litigation

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more

Time Warner-EEOC Settlement Provides a Cautionary Tale to Employers Who Provide Mothers More Parental Leave Than Fathers

I recently read in the NY Times that the Equal Employment Opportunity Commission settled a charge with Time Warner, Inc., the parent company of CNN and Turner Broadcasting System, Inc. where a former employee alleged that...more

New Protection For Pregnant Employees

For decades, the Rhode Island Fair Employment Practices Act has protected pregnant employees from termination or other adverse job action on account of pregnancy. Now, the Rhode Island General Assembly has taken pregnancy...more

Employers’ Bundle of Joy: The Rhode Island General Assembly Passes Mandatory Reasonable Accommodation Law for Pregnant and Nursing...

On June 25, 2015, the Rhode Island General Assembly passed and Governor Gina M. Raimondo signed legislation making it an unlawful employment practice under the state’s Fair Employment Practices Act for an employer to refuse...more

The FDA Takes the Kardashian Endorsement Machine to Task

When Kim Kardashian speaks, the FDA listens. Or, more precisely, when Kardashian, who has 46.8 million followers on Instagram, posts an enthusiastic endorsement—and advertisement—on the social media platform for Diclegis, a...more

EEOC Sues Healthcare Agency for Pregnancy Discrimination

EEOC Says Your Health Team LLC Fired Employee Because of Pregnancy - DALLAS - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed suit against Your Health Team, L.L.C. for violating...more

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

Manatt on Health Reform: Weekly Highlights - August 2015 #3

Ohio’s Medicaid expenditures came in $2 billion below estimates despite enrollment growth after Medicaid expansion; California extends full Medicaid benefits to more pregnant women; and nearly one million have enrolled in...more

Massachusetts Legislature Ends Active July with Budget Overrides

After a busy final few weeks of activity, the Massachusetts Legislature departed for its summer recess with a new budget and progress on several priority policy issues. In addition to overriding $97 million in Governor...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Illinois Releases Pregnancy Accommodation Proposed Rules

The Illinois Department of Human Rights (IDHR) released proposed rules regulating pregnancy discrimination and accommodation in employment. Released on July 17, 2015, these rules are authorized by the Illinois Pregnancy...more

Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately,...more

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