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...
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Supreme Court Will Decide What Accommodations Employers Must Make for Pregnant Employees

Until recently, the United Parcel Service (UPS) utilized the well-known slogan, “What can brown do for you?” After deciding last Monday to hear Young v. UPS during its next term, the Supreme Court will be faced with the question of “what brown must do” for its pregnant employees under federal law. (The Fourth Circuit’s decision and the briefs filed in the case (to date) can be found here.) In Young, the plaintiff, Peggy Young, was covered...
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City Not Required to Accommodate Employee’s Financial Stresses Under the ADA

Kollman & Saucier
Kollman & Saucier
05/07/2014
An employee’s potential increased day-care costs are not a pregnancy-related condition requiring accommodation under the Americans with Disabilities Act, according to a federal district judge in Minnesota.  As a result, a city police department was not required to accommodate a request by a pregnant employee for a swapped time-shift.  McCarty v. City of Eagan, No. 0:12-cv-02512 (D. Minn. Apr. 28, 2014). Brea McCarty worked her way up to the...
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Parental Leave Act Passed by Maryland General Assembly

The 2014 session of the Maryland General Assembly came to a close Monday night, ending a 90-day term in which state lawmakers passed numerous laws, including legislation raising the state’s minimum wage.  Maryland’s minimum wage will increase to $8/hour on January 1, 2015, and gradually rise to $10.10/hour in 2018. Included among the State’s new laws is the Parental Leave Act, which requires certain employers to provide unpaid parental leave...
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Maryland Commission on Civil Rights Issues Poster for New Pregnancy Discrimination Law

As we have previously reported, on October 1, 2013, the Reasonable Accommodations for Disabilities Due to Pregnancy Act took effect for Maryland employers who have 15 or more employees. The new law requires that, unless an employer can show undue hardship, it must provide pregnant employees with various categories of accommodations upon request, including: changing the employee’s job duties; changing the employee’s work hours; relocating the...
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Nursing Home's Limited Accommodations Deemed Unlawful Pregnancy Discrimination

The United States Court of Appeals for the Sixth Circuit recently held that a nursing home’s policy of accommodating only restrictions from work-related incidents could be pretext for pregnancy discrimination.  Latowski v. Northwoods Nursing Center, No. 12-2408 (6th Cir. Dec. 23, 2013). Jennifer Latowski was employed as a certified nursing assistant (“CNA”) by Northwoods Nursing Center in Michigan.  Her doctor recommended a 50-pound lifting...
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Weight Watchers Thrown for a Loss in EEOC Lawsuit

Clifford Geiger
Clifford Geiger
12/13/2013
A federal judge recently denied Weight Watchers’ attempt to dismiss  a Pregnancy Discrimination Act lawsuit filed against it by the EEOC.   EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case 2:12-cv-11124 PDB-MAR (E.D. Mich. Dec. 2, 2013). The suit claims that the company did not permit Wendy Lamond-Broughton (“Broughton”) to apply for a job because she was pregnant.  The company defended on the grounds that Broughton was not...
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Reminder to Maryland Employers: Reasonable Accommodations For Disabilities Due To Pregnancy Act Takes Effect October 1st

Beginning on October 1, 2013, Maryland employers with 15 or more employees will have to comply with Maryland’s Reasonable Accommodations for Disabilities Due to Pregnancy Act.  As previously reported in The Employment Brief, the new law requires employers to explore “all possible means” of providing reasonable accommodations to pregnant employees, and also establishes new notice requirements.  However, employers do not have to make an...
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Maryland Employers Required To Provide “Light Duty” And Other Reasonable Accommodations For Pregnant Temporarily Disabled Employees

One of the biggest changes coming to Maryland employers with 15 or more employees will last more than 9 months.   Governor Martin O’Malley signed into law the requirement that employers provide to pregnant employees certain reasonable accommodations beyond those presently required by the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).  Under the Reasonable Accommodations for Disabilities Due to Pregnancy Act,...
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No Preferential Treatment for Pregnant Employees: Fourth Circuit Holds for Employer in Disability and Pregnancy Discrimination Lawsuit

Randi Klein Hyatt
Randi Klein Hyatt
02/18/2013
The Fourth Circuit confirmed a delivery driver barred from working due to a pregnancy-related lifting restriction lost her claims under Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) against UPS.  Young v. United Parcel Serv., Inc., No. 11-2078, 2013 U.S. App. LEXIS 530 (Jan. 9, 2013). In 2006, UPS employee Peggy Young became pregnant while on leave and was given a twenty-pound lifting restriction.  The ability to...
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