Pregnancy Discrimination

News & Analysis as of

Employers must accommodate breastfeeding mothers at work

Two female cabin crew members have successfully brought indirect sex discrimination claims against Easyjet. When the women returned from maternity leave they made flexible working requests to Easyjet as they were...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

Keeping up with the Germans?

The Women and Equalities Committee has demanded that the government publish a detailed plan to tackle the issue of pregnant women and mothers being forced out of work by employers’ outdated attitudes....more

Motel 6 Sued By EEOC for Pregnancy Discrimination

New Orleans Motel Placed Employee on Unwanted Leave of Absence, Federal Agency Charges - NEW ORLEANS - G6 Hospitality, dba Motel 6, unlawfully placed a pregnant employee on leave solely because of the fact that she was...more

Pregnancy Accommodation Headed to Governor

A bill requiring Colorado employers to provide reasonable accommodations to pregnant employees has passed both the Colorado House and the Senate and is headed to Governor John Hickenlooper’s desk. Employers already must...more

New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy

The New York City Human Rights Law (“NYCHRL”) is New York City’s local law that prohibits discrimination in employment, public accommodations and housing. The New York City Commission on Human Rights (“Commission”) has...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 Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues

A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in...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

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

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

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

Autozone's Predicament: A $185 Million Punitive Damage Award

The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more

EEOC Consent Decree Ends Midway Neurological Pregnancy Discrimination Case

Federal Agency Charged Bridgeview Facility Illegally Fired Pregnant Social Worker - CHICAGO - Midway Neurological & Rehabilitation Center, a provider of short- and long- term medical and rehabilitation care located in...more

Failure to enhance paternity pay not discriminatory

In Shuter v Ford Motor Company, an employment tribunal has held that a male employee was not discriminated against when he received only statutory pay during a period of additional paternity leave (APL) whereas a female...more

Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections...more

Workplace Protections Expanded for Job Applicants and Pregnant Employees in Illinois

On Tuesday, Illinois Governor Pat Quinn announced he signed the Law to Stop Discrimination Against Pregnant Women in the Workplace and thereby expanded workplace protections to job applicants and employees experiencing...more

The Employment Law Authority - July/August 2014

In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

Pregnant Employees Now Entitled to ADA-Type Accommodations

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new...more

A Tale of Two Jurisdictions: Human Rights Laws in New York City and Tennessee Head in Opposite Directions

Sitting here in the Big Apple, the thought of the New York City Council voting to narrow the reach of the New York City Human Rights Law seems roughly equivalent to the thought of a Game of Thrones episode without any...more

Chick-Fil-A Franchisee at Concord Commons to Pay $10,000 to Settle EEOC Pregnancy Discrimination Suit

Restaurant Refused to Hire Pregnant Applicant, Federal Agency Charged - CHARLOTTE, N.C. - A Concord, N.C. Chick-fil-A franchise restaurant has agreed to pay $10,000 and provide substantial injunctive relief to settle a...more

Florida Civil Rights Act Prohibits Pregnancy Discrimination

The Florida Civil Rights Act prohibits pregnancy discrimination in employment, according to an April 17th decision by the Florida Supreme Court, Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17,...more

New Jersey Enacts Law Banning Pregnancy Bias in the Workplace

In January 2014, New Jersey continued its recent trend of legislative actions addressing women’s health and safety issues by enacting New Jersey’s Pregnant Workers Fairness Act (“Pregnancy Act”). This act expressly bans...more

Governor Christie Bolsters N.J.’s Law Against Discrimination To Expressly Protect Pregnancy and Childbirth

Last week, New Jersey Governor Chris Christie signed legislation amending the state’s powerful Law Against Discrimination (LAD) to provide increased protection for employees based on pregnancy, childbirth, or related medical...more

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