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An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]
For pregnant employees not covered under FMLA, are employers obligated by law to allow for no penalty intermittent absences due to pregnancy issues? May an employer count the time away from work as absences as stated under the company’s attendance policy?
The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).
By BLR Senior Legal Editor Susan Schoenfeld, JD The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).
By Susan Schoenfeld, JD In March 2015, the U.S. Supreme Court’s decision in the case of Young v. UPS prompted some changes in how the Pregnancy Discrimination Act (PDA) will be applied and interpreted by the EEOC.
By Susan Schoenfeld, JD The Pregnancy Discrimination Act (PDA) has been around since 1978 when congress amended Title VII of the Civil Rights Act, adding a new provision to Title VI. The PDA defines discrimination “because of sex” to include discrimination because of, or on the basis of, pregnancy.
Proper treatment of pregnant workers is in the headlines as a result of recent guidance from the U.S. Equal Employment Opportunity Commission on pregnancy accommodations and a high profile U.S. Supreme Court case involving a UPS worker. More than ever employers must be mindful of how they’re treating pregnant workers as there are a host […]
Are you treating your pregnant employees properly? Do you have to offer them an accommodation? There’s been a flurry of action around treatment of pregnant employees under the Pregnancy Discrimination Act, some of which has been confusing. The PDA says you have to treat pregnant employees in the same manner you treat other employees who […]
[Go here for the first part of the discussion on pregnancy discrimination] Requiring Leave May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth? No. An employer may not force an employee to take leave because she is or […]
Pregnancy discrimination is often motivated by concern—pregnant women don’t need to be stressed—or chauvinism—pregnant women should take leave. In fact, though, those attitudes are discriminatory. And the plot thickens if a disability or FMLA leave is involved. EEOC’s recent guidance helps employers figure out where they stand. Pregnancy discrimination is often motivated by concern—pregnant women […]