Pregnancy Pregnancy Discrimination

News & Analysis as of

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

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

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

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

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

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

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

UPS Changes Pregnant Worker Policy with Case Pending in Supreme Court

According to a memo recently sent out to all UPS employees, as of January 1, 2015 the company will offer its temporary light duty positions to pregnant workers as well as workers that have suffered injuries on the job. This...more

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

EEOC Focuses Resources on Pregnancy Refusal to Hire Claims

Earlier this year, the Equal Employment Opportunity Commission issued a new Pregnancy Discrimination Enforcement Guidance, setting forth the agency’s position with regard to litigation against employers accused of...more

Recent Changes to Maryland Law Give Pregnant Employees and New Parents Enhanced Employment Protections

In 2013, the Maryland legislature passed the Reasonable Accommodations for Disabilities Due to Pregnancy Act requiring employers with 15 or more employees to provide reasonable accommodation for individuals with a disability...more

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

EEOC Issues New Guidance on Pregnancy

The Equal Employment Opportunity Commission (EEOC) recently issued comprehensive "Enforcement Guidance on Pregnancy Discrimination and Related Issues” (the Guidance). Along with the Guidance, the EEOC issued a Q&A document as...more

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

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