News & Analysis as of

Reasonable Accommodation Family Medical Leave Act Pregnancy Discrimination

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

by FordHarrison on

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

Tips for Claims Under the Pregnancy Discrimination Act and the American Disabilities Act

by Taylor English Duma LLP on

Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The...more

Colorado Becomes Most Recent State To Pass Pregnancy Anti-Discrimination And Reasonable Accommodation Law

by Laner Muchin, Ltd. on

Recently, Colorado became one of an increasing majority of states to pass legislation preventing discrimination against pregnant workers and requiring employers to provide reasonable accommodations for pregnant workers. (As...more

Pregnancy Discrimination Claims Grow

by JAMS on

With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers. Enacted in 1978, the Pregnancy Discrimination Act banned employment discrimination on the...more

Updating Your Employee Handbook for 2016

by Pepper Hamilton LLP on

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

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

by 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

Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees

As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

by Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

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

by Franczek Radelet P.C. on

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

RI Employers (Large and Small) Required to Accommodate Healthy Pregnant Workers and New Moms. No, FMLA Leave is Not Enough.

Last month, the Rhode Island Fair Employment Practices Act was amended to require employers with 4 or more employees to provide reasonable accommodations to employees and prospective employees with a “condition”. Such...more

Illinois Releases Pregnancy Accommodation Proposed Rules

by Holland & Knight LLP on

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

Impact of Young V. UPS and Steps for Employers

by 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

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

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

by Barley Snyder on

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

New Bill Expands Illinois Human Rights Act's Pregnancy Protections

by Holland & Knight LLP on

On August 26, 2014, Illinois Governor Pat Quinn signed House Bill 8, amending the Illinois Human Rights Act by placing new obligations on employers with respect to pregnant employees. The new changes take effect on January 1,...more

EEOC Releases Guidance on Pregnancy Discrimination Laws

by Best Best & Krieger LLP on

Guidance Does Not Address State-specific Laws and Requirements - The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

by Franczek Radelet P.C. on

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

by BakerHostetler on

Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”). Most of...more

The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour....more

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

by Franczek Radelet P.C. on

Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. ...more

More Protections for Pregnant Workers on the Horizon in New Jersey

by Genova Burns LLC on

The New Jersey Senate committee recently advanced S-2995, the Pregnant Women’s Fairness Act, a bill sponsored by Senator Loretta Weinberg, which would prohibit workplace discrimination against pregnant women. Specifically,...more

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

by Franczek Radelet P.C. on

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

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Fenwick Employment Brief - March 2013

by Fenwick & West LLP on

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 Employment Law Notes - January 2013

by Proskauer Rose LLP on

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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