Discrimination against breastfeeding employee leads to jury verdict

January 14, 2018 0 COMMENTS

by Rozlyn Fulgoni-Britton

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breastmilk in privacya. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, or related medical conditions” since 1978. Despite those laws, court cases explaining employers’ duties to accommodate breastfeeding employees have been few and far between. In Hicks v. City of Tuscaloosa, Alabama, the U.S. 11th Circuit Court of Appeals provided guidance about employers’ responsibilities to breastfeeding employees.   ???????????????????????????????????????????????????????????

Facts

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EEOC issues updated enforcement guidance on pregnancy discrimination

August 17, 2014 0 COMMENTS

by Kevin McCormick

On July 14, the Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” This is the first comprehensive update the EEOC has provided on the subject since 1983. The guidance supersedes the earlier EEOC publication and incorporates significant developments in the law during the past 30 years.  Pregnant Employee

In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), the guidance discusses the application of the Americans with Disabilities Act (ADA) as amended in 2008 to individuals who have pregnancy-related disabilities. Much of the analysis in the new guidance is an update of long-standing EEOC policies that set out the fundamental PDA requirements that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and that women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons similar in their ability or inability to work.

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Employer faces sex bias case after manager’s comments about choosing work over family

February 17, 2013 0 COMMENTS

by Rich Voelbel

Work-life balance is a reality that most employers have come to accept. Employees have children, and occasionally, they need to take days off to care for them when they are sick. While managers may not always like the fact that their employees have to miss work, as the case below demonstrates, it’s best to keep remarks about an employee’s children to yourself, especially when they’re directed at only one gender.

Background

Judge David S. Doty of the U.S. District Court for the District of Minnesota recently denied an employer’s request to dismiss an employee’s sex discrimination claim. For four years, Shannon Swider worked in various positions for Hologic, Inc. According to Swider, her manager made comments about her family life and treated her differently than her male counterparts. After she took two days off work, he remarked that her young children were preventing her from performing her job effectively. read more…