News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Young v United Parcel Service

BakerHostetler

Giving Birth to Federalized Pregnancy Accommodation Standards: Pregnant Workers Fairness Act and Providing Urgent Maternal...

BakerHostetler on

Modeled after the Americans with Disabilities Act (ADA) and enforced by the Equal Employment Opportunities Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) was passed with bipartisan congressional support as a...more

Sherman & Howard L.L.C.

The 11th Circuit Applies Young To Pregnancy Claims

The 11th Circuit Court’s recent decision in Durham v. Rural/Metro Corporation illustrates just how easy it is for a plaintiff to establish a claim under the Pregnancy Discrimination Act (PDA), despite the U.S. Supreme Court’s...more

Poyner Spruill LLP

EEOC Settlement of Pregnancy Discrimination Charge Highlights Right to Accommodation

Poyner Spruill LLP on

On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Upholds Discharge of Worker With a Pregnancy-Related Illness Who Violated a Company Rule

The Louisiana Court of Appeal, Fourth Circuit recently held that a pregnant employee who suffered from a pregnancy-related illness was not disabled within the scope and meaning of the Louisiana Employment Discrimination Law...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

Littler

Pre-and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

Littler on

States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up...more

Cohen Seglias Pallas Greenhall & Furman PC

Does Your Employee Handbook Stand Up To The Supreme Court's Latest Decision About Accommodations For Pregnant Workers?

In a recent U.S. Supreme Court case about pregnancy discrimination, Justice Breyer asked: “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?”  As an employer, that is a question you...more

Parker Poe Adams & Bernstein LLP

Permanent Light Duty Not Required Under ADA

Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more

Constangy, Brooks, Smith & Prophete, LLP

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

Laner Muchin, Ltd.

Light Duty Takes Hard Hit

Laner Muchin, Ltd. on

Many employers have what they call “light duty” policies whereby they allow employees to continue working even though the employees are unable to perform some of the essential functions of their jobs. Very few employers can...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this...more

Jaburg Wilk

Impact of Young V. UPS and Steps for Employers

Jaburg Wilk on

Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act (“PDA”). A recent Supreme Court case, Young v. UPS may increase the ability of pregnant...more

Akerman LLP - HR Defense

EEOC Updates Guidance On Accommodating Pregnant Workers

The Equal Employment Opportunity Commission has issued revised pregnancy discrimination guidance setting forth a framework for assessing how far employers must go in accommodating pregnant employees, following the Supreme...more

Franczek P.C.

EEOC Commissioner Provides Helpful Guidance to Employers on Providing Accommodations to Pregnant Employees

Franczek P.C. on

Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace.  Our presentation...more

Poyner Spruill LLP

Supreme Court Issues Decision Regarding Accommodation of Pregnant Employees

Poyner Spruill LLP on

On March 25, 2015, the United States Supreme Court issued an important decision in the case of Young v. UPS, involving a claim of failure to accommodate in violation of the Pregnancy Discrimination Act (PDA). The PDA, which...more

Robinson & Cole LLP

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

Robinson & Cole LLP on

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

Maynard Nexsen

Supreme Court's Decision in Discrimination Case Creates New Standard, Prompts Review of Employers' Pregnancy Accommodation...

Maynard Nexsen on

The U.S. Supreme Court has revived a pregnancy discrimination lawsuit brought by a part-time employee who had been placed on unpaid leave while she was expecting a baby – a decision that puts employers on notice that they...more

Stinson LLP

Pregnancy Accommodations After Young v. UPS: What Does the Decision Really Mean For Employers?

Stinson LLP on

On March 25, 2015 the U.S. Supreme Court issued its decision in Young v. United Parcel Service. It was anticipated that the decision would provide clarity regarding the extent to which an employer must provide accommodations...more

Bradley Arant Boult Cummings LLP

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

Bond Schoeneck & King PLLC

Labor and Employment: The Supreme Court Addresses Pregnancy Accommodations Under Title VII (4/15)

On March 25, the U.S. Supreme Court issued its much anticipated decision in Young v. United Parcel Service, Inc., which centered on whether UPS unlawfully discriminated against a pregnant employee by denying her a light-duty...more

PilieroMazza PLLC

Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees

PilieroMazza PLLC on

On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. ...more

Orrick - Employment Law and Litigation

Splitting the Baby: SCOTUS Ruling in Pregnancy Discrimination Suit Calls For Review of Pregnancy Accommodations

On March 25, 2015, the U.S. Supreme Court issued a decision in Young v. United Parcel Service, Inc., holding that the Pregnancy Discrimination Act (PDA) requires courts to consider the extent to which an employer’s policy...more

Goodwin

Supreme Court Clarifies Framework for Proving Discrimination Under the Pregnancy Discrimination Act

Goodwin on

The Supreme Court recently clarified the framework that applies to certain claims for accommodations under the Pregnancy Discrimination Act (the “PDA”). The case, Young v. United Parcel Service, Inc., was a partial victory...more

Constangy, Brooks, Smith & Prophete, LLP

Pregnancy Accommodation FAQs For Employers

What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service?...more

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