By Janine E. Raduechel and Josh A. Rodine
Seyfarth Synopsis: A California Court of Appeal ruled that both the Fair Employment and Housing ACT (FEHA) and California’s Pregnancy Disability Leave law (PDL) require a plaintiff to prove that the plaintiff had a condition related to pregnancy and, with a reasonable accommodation, the plaintiff could have performed the essential functions of
Continue Reading California Appellate Court Clarifies Elements of Pregnancy Discrimination ClaimsBy Louisa J. Johnson and James J. Swartz, Jr.
Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a valid comparator to a pregnant
Continue Reading Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under the Pregnancy Discrimination Act
By James L. Curtis, Erin Dougherty Foley, Adam R. Young, Megan P. Toth, and Craig B. Simonsen
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations.
Reproductive Health Hazards in the Workplace
Pregnant women work in hazardous jobs across the United
Continue Reading Workplace Hazards and Pregnancy – What’s an Employer to Do?
By Megan P. Toth and Erin Dougherty Foley
Seyfarth Synopsis: The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees’ civil rights under the Washington “Healthy Starts Act,” a law which became effective July 23, 2017.
Under the Healthy Starts Act, employers with at least 15 employees in the state of Washington
Continue Reading Washington State Releases Guide on Pregnancy Accommodations
By Tracy M. Billows and Megan P. Toth
Seyfarth Synopsis: If your company provides parental leave benefits beyond what is required by law, it is important that the company’s policies and practices ensure male and female employees are being treated consistent with the prohibition of discrimination based on sex.
On August 30, 2017, the EEOC filed suit against Estée
Continue Reading EEOC Sues Estée Lauder Over Paid Parental Leave Policy
By Erin Dougherty Foley, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the employer’s decision to rescind her job offer and did not need to show anger
Continue Reading Rescind that Job Offer After Her Notice of Pregnancy? Maybe Not
By Camille Olson, Tracy Billows, Paul Kehoe and Ashley Laken
Earlier today in a 6-3 decision handed down in UPS v. Young, OPINION HERE the Supreme Court reversed a closely watched case which addressed whether denying pregnant workers accommodations was discriminatory under the Pregnancy Discrimination Act. In a somewhat convoluted opinion, the Supreme Court provided some guidance, but
Continue Reading SCOTUS Rules on Pregnancy Accommodation Case
By: Tracy Billows
Although employers are not required by law to have employee handbooks, if an employer chooses to go down such a path, legal compliance and being current with latest trends is a must. A non-compliant employee handbook can be used in claims of discrimination, union grievances, and other employee-employer disputes. Does your employee handbook need to be updated?
Continue Reading Test Your Knowledge: Employee Handbook True/False Quiz
By Erin Dougherty Foley and Craig B. Simonsen
In an interesting development, a number of large employers have begun to offer to pay for employees to freeze their eggs (aka ova (the female reproductive cell)).
There is merit to the notion. According to the Centers for Disease Control and Prevention, one-third of couples where the woman is 35 years
Continue Reading Health Insurance, Profit Sharing, Paid Vacation … Egg-Freezing?
Thirty-five years ago, Congress passed the Pregnancy Discrimination Act (“PDA”), which outlawed discrimination against pregnant workers. Since then, legislators and employers have taken steps to make the workplace more accessible for pregnant women. Several state and local legislatures have enacted laws requiring employers to provide workplace accommodations to pregnant employees. Most recently, New York City and Philadelphia enacted laws requiring employers to provide a reasonable accommodation to pregnant women and those who suffer conditions related to pregnancy and childbirth.
Continue Reading New York City and Philadelphia Pass New Pregnancy Accommodation Laws