Tag: pregnancy discrimination

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.


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 […]

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 […]