Tag Archives: pregnancy

Do Employers Have to Accommodate Pregnant Employees?

Massachusetts says yes! An amendment to the Massachusetts Fair Employment Practices Act requires employers to accommodate pregnant workers. According to the law, some accommodations that may be necessary for pregnant workers, include: more frequent or longer breaks; time off; acquisition or modification of equipment or seating; temporary transfers; job restructuring; light duty; private non-bathroom space … Continue Reading

EEOC Explains ADA Interference – Employers Take Note

On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. In addition to outlining expanded definitions of “opposition” and “participation” activity with respect to retaliation claims, the EEOC also addressed section 503(b) of the ADA.  Section 503(b) makes it unlawful to “coerce, intimidate, threaten or interfere” with an individual who … Continue Reading

Philly Employers Must Accommodate Pregnant Workers

Add Philly to the quickly growing list of jurisdictions requiring employers to accommodate pregnant employees. The Philadelphia Ordinance requires employers, upon request, to reasonably accommodate an employee “for needs related to pregnancy, childbirth, or a related medical condition” unless to do so will cause an undue hardship. Examples of reasonable accommodation include “restroom breaks, periodic … Continue Reading

New York City Council Passes Law Requiring Pregnancy-Related Accommodations, Legislation Awaits Mayor’s Approval

On September 24, 2013, the New York City Council unanimously approved legislation that requires most New York City employers to provide reasonable accommodation for an employee’s pregnancy, childbirth or related medical conditions. While the legislation must be approved by the Mayor to become law, the City Council passed the measure by a seemingly veto-proof 47-0 … Continue Reading

A Mega Leave-and-Attendance Patchwork on its Way!

If you look out toward the leave-and-attendance legislation horizon, and you might have to squint a bit but not much, you can see yet another patchwork beginning to take shape. This one is on paid sick days. Multi-state employers need to watch this carefully since it is certainly heading for full-fledged “patchwork” status which, when … Continue Reading

Lactation Discrimination is Not Unlawful Sex Discrimination

Lactation discrimination does not violate Title VII, according to a Texas federal district court in a case brought by the EEOC. EEOC v. Houston Funding II (S.D. Tex. February 2, 2012). The EEOC claimed the employer fired the worker because she wanted to pump breast milk at work. In granting summary judgment to the employer, … Continue Reading

Terminated Employee Who Made Pre-Eligibility Request for Post-Eligibility Leave May Pursue FMLA Interference and Retaliation Claims; Court Rejects FMLA Loophole

 A terminated employee who had made a “pre-eligibility request” for a ”post-eligibility leave” can pursue FMLA interference and retaliation claims, according to the United States Court of Appeals for the Eleventh Circuit. The Court reversed the district court decision, which had dismissed both claims because the plaintiff was not FMLA-eligible at the time of her termination.   Pereda … Continue Reading

Can Wellness Programs Address Growing Obesity Risks During Pregnancy?

Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant.  The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies."  As well illustrated in the NYT … Continue Reading
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