News & Analysis as of

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

E-MDS, Inc. Sued by EEOC for Pregnancy and Disability Discrimination

Company Failed to Provide Disabled Pregnant Employee With Accommodation and Subsequently Fired Her While on Maternity Leave, Federal Agency Charged - AUSTIN, Texas - E-MDS, Inc., an Austin-based business which provides...more

Sensient Sued By EEOC for Disability Discrimination

Dried Food Producer Unlawfully Discharged Workers After Denying Extended Leave of Absence for Disability-Related Needs, Federal Agency Charged - FRESNO, Calif. - Sensient Natural Ingredients LLC, a producer of dried...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

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

Impact of Young V. UPS and Steps for Employers

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

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

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

EEOC Issues Guidelines on Pregnancy Discrimination for First Time in 30 Years

The Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance on pregnancy discrimination for the first time in 30 years. The new guidance clarifies the EEOC's understanding of the law, as well...more

EEOC Increased Focus on ADA Enforcement in 2013

Last year was a busy one for the U.S. Equal Employment Opportunity Commission (EEOC), according to a report by the law firm Seyfarth Shaw LLP. During the fiscal year ending September 30, 2013, the EEOC sharpened its focus on...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

New Maryland Law Requiring Accommodations for Pregnant Employees Becomes Effective October 1, 2013

Beginning October 1, 2013, Maryland employers with 15 or more employees must comply with the recently enacted Reasonable Accommodations for Disabilities Due to Pregnancy Act, which requires that Maryland employers provide...more

Maryland Employers Soon Must Provide "Light Duty" to Pregnant Disabled Women and Update Employment Handbooks

Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of the federal Americans with Disabilities Act (ADA)...more

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

Bill Passed In Maryland General Assembly Expanding Protections Against Pregnancy Discrimination To Maryland Employees

The General Assembly recently passed a bill which expands protections against pregnancy discrimination to employees in Maryland. The bill, which is expected to be signed by Governor O’Malley and, if signed, will take effect...more

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

California Appellate Court Holds Employee Entitled To Reasonable Accommodation After Pregnancy Leave Ends

Sanchez v. Swissport, Inc., No. B237761 (February 21, 2013): A California Court of Appeal recently held that an employer may have to offer additional leave under the Fair Employment and Housing Act (FEHA) as a reasonable...more

Pregnancy Disability Leave – Sanchez v. Swissport

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Employment Law Newsletter: February 2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

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