Tag: Pregnancy Discrimination Act

Special Delivery: Considerations for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]

‘You Can Be Just a Little Bit Pregnant,’ Says Texas Court

Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. To solve and understand the apparent riddle, read on. Office talk triggers termination Cynthia V. […]

maternity

Ask the Expert: ‘I’m a Small Employer with Pregnant Employees in Multiple States! What Are My Obligations?’

Question: We currently have 3 pregnant employees. One lives and works in Minnesota, where we have 4 employees, and the other two live and work in Georgia, where we have 40 employees. We are not covered by FMLA and have a personal leave policy that provides up to 8 weeks of unpaid leave. My questions […]

Training in Proper Progressive Discipline

Discipline is always challenging, both in the home and in the workplace. Training on proper progressive discipline is critical to avoiding potential lawsuits while also bringing out the best performance in employees by turning them from problems to top performers.

Tempted to Ask, But Shouldn’t

Yesterday’s Advisor briefed on impermissible preemployment inquiries; today, we present more inquiries that you may not have realized you need to avoid. Persons to Notify in Case of Emergency Questions should not be asked about the names and addresses of a job applicant’s relatives. Such inquiries may lead to information related to an applicant’s marital […]

Business Travel, the Zika Virus, and the Pregnancy Discrimination Act

By Catherine Moreton Gray, JD The World Health Organization (WHO) recently declared the Zika virus a “public health emergency of international concern.” According to WHO, the virus is transmitted by mosquitoes and is linked to a spike in birth defects in cases where the mother contracted the virus during pregnancy. Also, a study in Brazil […]

Supreme Court clarifies employer obligations related to pregnant workers

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily. In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations […]

Train Supervisors to Ask the Right Questions

There are many legal issues employers face during the interview process. Job interviews are a potential legal land mine for discrimination complaints and lawsuits. Numerous federal laws prohibit discrimination in hiring practices, including the interview process. For example: The Civil Rights Act of 1964, commonly known as Title VII, is the grandparent of employment discrimination […]

EEOC Issues Extensive—and Helpful—Q&A on Pregnant Employees

On July 14 the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on pregnancy discrimination accompanied by an extensive and practical Q&A. The new guidance, the first to address pregnancy discrimination since 1983, focuses on how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities. Is EEOC […]