EEOC's Updated COVID-19 Guidance: Employees Not Entitled To Accommodations Because They Live With High-Risk Individuals; Treat Older Workers Equally Despite Risk

In an updated guidance on COVID-19, the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC has clarified an employer need not accommodate an employee's request to telework who is not high risk but lives with high risk individuals.  The EEOC has also clarified that companies may not mandate exclude older workers and pregnant employees from the workplace even though public health authorities advise they are a higher risk group for severe...
read more

A Case of Pregnancy and Pretext

How do courts handle cases of alleged pretextual behavior designed to cover up discriminatory actions? A recent Tenth Circuit decision sheds a little light on this issue. Fassbender v. Correct Care Solutions, LLC, No. 17-3054 (10th Cir. May 15, 2018). Alena Fassbender worked for Correct Care Solutions (CCS) as a medication aide at a Kansas detention center.  Fassbender was pushing her medication cart down one of the center’s cell blocks on April...
read more

Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct.  Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc.  Nearly eight months into her tenure...
read more

What Not to Say to a Pregnant Job Applicant

Channeling Rod Serling here.  “Imagine if you will….”  (for those readers too young to recognize the quote, check out “The Twilight Zone”).  You are responsible for hiring a new employee. During the interview process, an applicant says, “by the way, I am pregnant.”  How do you respond?   I have used this hypothetical in employment law training sessions.  The answer is always the same: “congratulations.”  And leave it at...
read more

Failure to Accommodate Breastfeeding Police Officer Costs Alabama City

In Young v. UPS, Inc., the Supreme Court concluded that an employee who alleges that the denial of an accommodation amounted to disparate treatment under the Pregnancy Discrimination Act (PDA) may set forth a prima facie case by showing that she belongs to PDA’s protected class, she sought an accommodation, the employer refused to provide an accommodation, and the employer accommodated others “similar in their ability or inability to work.” ...
read more

Check Casher Fails to Cash in on Overtime and Discrimination Claims

This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws.   Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...
read more

Court Rules Morgue Worker Injured While Transporting Cadaver Can Proceed With Pregnancy Discrimination Claim.

Tiana LaSalle is a van driver for the New York City morgue. LaSalle sued her employer alleging a variety of discrimination claims. Her chief complaint, however, appeared to be that the City refused her request for an accommodation with regard to lifting heavy objects during her pregnancy. In November 2011 Plaintiff was pregnant, and she provided her boss with a doctor's note informing him of the pregnancy. In December 2011, LaSalle told her...
read more

Supreme Court Clarifies Pregnancy Discrimination Act Claims in Young v. UPS

On March 26, 2015,  the Supreme Court announced its decision in Young v. UPS, setting forth a new standard for how employees may prove a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young v. United Parcel Service, Inc., 575 U.S. ____ (2015).  In Young,  the Court faced the issue of how to interpret the second clause of the PDA, which states: women affected by pregnancy, childbirth, or related medical conditions...
read more

UPS To Deliver Light Duty To Pregnant Employees

In advance of the Supreme Court's oral argument on a former employee's pregnancy discrimination case (Young v. UPS, Inc., U.S. No. 12-1226), United Parcel Service (UPS) has announced that, effective, January 1, 2015, it will make light duty available to pregnant workers with lifting or other restrictions on the same level as it offers to employees who need light duty because of worker's compensation injuries.  In explaining this change in protocol,...
read more

EEOC Issues Enforcement Guidance on Pregancy Discrimination

Randi Klein Hyatt
Randi Klein Hyatt
07/16/2014
For the first time since 1983, and partly addressing issues pending before the U.S. Supreme Court (see Alex Berg’s July 9 blog titled, “Supreme Court Will Decide What Accommodations Employers Must Make For Pregnant Employees”), the Equal Employment Opportunity Commission (“EEOC”) on Monday issued new enforcement guidelines on pregnancy discrimination under the Pregnancy Discrimination Act (“PDA”) that also cover possible workplace...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading