News & Analysis as of

Young v United Parcel Service

The New And Evolving Standard For Accommodating Pregnant Employees

by Fisher Phillips on

When the U.S. Supreme Court issued a March 2015 decision creating a new standard for how employers should accommodate pregnant employees, retailers took notice. After all, approximately 50% of retail employees are female, and...more

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

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

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

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

Court Sheds Light On “Pregnancy Accommodation” Obligation After Young V. UPS

A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster...more

Eleventh Circuit Recognizes Pregnancy Complications as ADA Disability, but Says Employer Does Not Have to Waive Mandatory Overtime

The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more

2015’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

by Seyfarth Shaw LLP on

We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more

Best Practices for Accommodating Pregnant and Postpartum Employees

by Stinson Leonard Street on

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service. This case addressed the extent to which employers must accommodate pregnant workers under the Pregnancy Discrimination Act...more

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

by Kelley Drye & Warren LLP on

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more

BREAKING: Young And UPS Settle Pregnancy Lawsuit

Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

by Seyfarth Shaw LLP on

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

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

Health Care E-Note - September 2015

by Burr & Forman on

In an article published on August 11, 2015 in the Birmingham Medical News, Ashley Hattaway and Sharonda Childs discuss how many well-meaning managers engage with employees on social media websites, and how doing so provides a...more

Labor & Employment E-Note - September 2015

by Burr & Forman on

The National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the concept of “joint employment”...more

Employers’ Bundle of Joy: The Rhode Island General Assembly Passes Mandatory Reasonable Accommodation Law for Pregnant and Nursing...

On June 25, 2015, the Rhode Island General Assembly passed and Governor Gina M. Raimondo signed legislation making it an unlawful employment practice under the state’s Fair Employment Practices Act for an employer to refuse...more

EEOC Sues Healthcare Agency for Pregnancy Discrimination

EEOC Says Your Health Team LLC Fired Employee Because of Pregnancy - DALLAS - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed suit against Your Health Team, L.L.C. for violating...more

Quirky Question #266: What’s up with Pregnancy Discrimination?

by Dorsey & Whitney LLP on

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more

Big Decisions: The 2014-15 U.S. Supreme Court Term in Review

by Faegre Baker Daniels on

The 2014-15 United States Supreme Court term featured a number of significant cases to the business community. The Faegre Baker Daniels appellate advocacy group is committed to helping our clients understand the Court’s...more

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

by Fisher Phillips on

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...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

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

Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

by Littler on

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately,...more

What to Expect When The Legislature Is Expecting (To Reintroduce The Pregnant Workers Fairness Act)

by Seyfarth Shaw LLP on

Hot off the heels of the Supreme Court’s decision in Young v. United Parcel Service, Inc., recently, a bipartisan group of lawmakers declared their intent to reintroduce the Pregnant Workers Fairness Act....more

EEOC Modifies Pregnancy Bias Guidance to Reflect the Supreme Court’s Ruling in Young v. United Parcel Service, Inc.

On March 25, 2015, the United States Supreme Court ruled in favor of Peggy Young, a UPS driver who claimed she was discriminated against on the basis of pregnancy when she was denied a workplace accommodation that was made...more

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