Archives: Pregnancy

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Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function

Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care for it either. Careful readers of this space know that the Americans with Disabilities Act (ADA) may require employers to allow modified work schedules when … Continue Reading

IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit

This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. The FAQs clarify some of … Continue Reading

Could Your Parental Leave Policy Be Considered Sex Discrimination?

With the increase in the number of states that require various types of paid leave, now is a good time to examine your leave policies.  While often overlooked, one policy that could expose an employer to liability is its maternity leave or parental leave policy.   As the EEOC’s Guidance on Pregnancy Discrimination and Related Issues … Continue Reading

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

Oklahoma Case Serves as Reminder that Pregnancy Alone, Without More, Is Not an ADA Disability

A former employee’s claim that she was pregnant and subject to lifting restrictions failed to allege a valid claim under the Americas with Disabilities Act (ADA), according to the U.S. District Court for the Northern District of Oklahoma. LaCount v. South Lewis SH OPCO, LLC, Case No. 16-CV-0545-CVE-TLW (N.D. Okla. May 5, 2017). When the … Continue Reading

Disability and Leave Law Under President Trump: What’s Next?

Since Election Day, prognosticators and pundits have been speculating about how the Trump Administration’s actions will impact existing laws and regulations. Now that President Trump and his team have hit the ground running, what can we expect from the Department of Labor (including OFCCP), the EEOC and the President’s own executive actions in the areas … 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

EEOC Issues Controversial Pregnancy Discrimination Guidance

In a controversial move, the EEOC yesterday issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a “Q&A” document about the guidance and a Fact Sheet for Small Businesses.  Two Commissioners, Constance S. Barker and Victoria A. Lipnic, filed statements expressing their dissent from the Commission’s adoption of the Guidance. Both noted that … 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 Jersey Employers Must Provide Pregnant Workers with Accommodations

New Jersey joins the growing number of jurisdictions requiring employers to provide reasonable accommodations to pregnant employees. The law became effective on January 20, 2014. An employer must provide such an accommodation to a pregnant employee who makes such a request for needs related to pregnancy, and upon the advice of her doctor, unless to … Continue Reading
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