Timing Is Everything—and Sometimes Bad Timing Can Be Costly
English mentalist Tony Corinda once said, “Good timing is invisible. Bad timing sticks out a mile.”
Tag: pregnancy discrimination
Rhode Island Court: Paid Suspension Is Adverse Employment Action
Recently, Judge John J. McConnell, Jr., of the U.S. District Court for the District of Rhode Island heard a claim from a female employee who says she was placed on a paid suspension after announcing that she was pregnant.
Discrimination Against Breastfeeding Employee Leads to Jury Verdict
With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]
Liability for Employer Who Can’t ‘Have a Big Fat Pregnant Woman Working’ at His Restaurant
Employers must take care to create and implement neutral policies that don’t discriminate against women on the basis of pregnancy. Could you differentiate between a neutral policy and a policy that appears neutral but actually has a disparate impact on pregnant employees? And is a facially discriminatory policy against a pregnant woman—i.e., a policy that’s explicitly discriminatory—ever permissible?
Gender Identity: Does Title VII Cover Dependent’s Insurance Coverage?
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed a lower court’s dismissal of a nurse’s lawsuit against her employer and its insurer, in which she claimed that the denial of insurance coverage for her son’s gender reassignment treatment amounted to sex discrimination.
10th Circuit: Employers Must Accommodate Pregnant Employees Who Have Restrictions
A recent ruling by the 10th Circuit—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—reminds employers that they must treat pregnant employees with health conditions or work limitations in the same manner as other employees with similar conditions or limitations.
Coordinating FMLA with Discrimination Laws
In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]
Employer Told Pregnant Employees to ‘Stay Home,’ EEOC Says
An employer is facing a lawsuit after telling employees that the next person to get pregnant should stay home and consider herself fired.
Pregnant Employee Accommodations Must Be Equal with Injured Workers
By Michele L. Brott, JD, Davis Brown Law Firm In December 2015, the Iowa Supreme Court decided the parameters of pregnancy discrimination under Iowa law, stating that when it comes to light-duty requests, pregnant workers are on “equal footing” with employees who are injured at work.
Does Pregnant Employee Have a Discrimination Claim?
By Beth Kahn and Timothy J. Toohey, Morris Polich & Purdy LLP A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating […]