Supreme Court clarifies employer obligations related to pregnant workers

March 25, 2015 2 COMMENTS

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.

In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.

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New guidance on pregnancy discrimination released

July 15, 2014 1 COMMENTS

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.

The EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14. Besides the guidance, the agency released questions and answers about the guidance and a fact sheet for small businesses.

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Price is Right Model ‘Comes on Down’ with Lawsuit

March 03, 2010 0 COMMENTS

It’s not all fun and games on the set of game show The Price is Right. A former model on the show, Brandi Cochran, filed a suit in Superior Court in Los Angeles on March 1 claiming she was harassed and discriminated against for being pregnant, according to a report in The Wrap, an entertainment news website.

Cochran was a model on the show from July 2002 through late February 2010 when she was fired. She is suing CBS and the show’s producer Freemantle Media claiming discrimination based on pregnancy, retaliation for complaining about discrimination and harassment, wrongful termination, breach of contract, privacy violations, and fraud.

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U.S. Supreme Court Reverses Decision on Decades-Old Maternity Leave

May 19, 2009 2 COMMENTS

In a May 18, 2009, decision, the U.S. Supreme Court addressed the issue of whether women who took maternity leave decades ago (before discrimination based on pregnancy became illegal) can sue to have their pregnancy leave time count toward their pensions. The Court reversed the Ninth U.S. Circuit Court of Appeals’ ruling and held that they cannot.

Before the Pregnancy Discrimination Act (PDA) was enacted, the employer in this case (AT&T) based pension calculations on a seniority system that relied on its employees’ years of service. The system subtracted any uncredited leave time from years of service and gave less retirement credit for pregnancy leave than for general medical leave. In 1978, Congress added the PDA to Title VII of the Civil Rights Act of 1964 to prohibit employers from treating pregnancy leave differently than other medical leave.

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