Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?
The Situation: A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the position for the long haul. Is this pregnancy discrimination?…READ MORE
Supreme Court ruling strengthens protections under PDA
Earlier this week, the United States Supreme Court recently ruled in favor of protections afforded to pregnant women under the PDA, but stopped short of giving pregnant women “most-favored-nation” status. Young v. United Parcel Service, Inc., Case No. 12-1226.…READ MORE
New Guidance from EEOC on Pregnancy Discrimination
Earlier this week, the EEOC issued a Notice titled Enforcement Guidance: Pregnancy Discrimination and Related Issues. The EEOC provides an overview of statutory protections, discussing the Pregnancy Discrimination Act (“PDA”), the Americans with Disabilities Act (“ADA”), and other requirements affecting pregnant workers, including the Family Medical Leave Act (“FMLA”), Executive Order 13152 Prohibiting Discrimination Based on Status as Parent, Section 4207 of the Patient Protection and Affordable Care Act which requires that employers provide reasonable break time for nursing mothers, and state laws that relate to pregnant workers. The EEOC provides a number of helpful examples of what would and would not constitute unlawful discrimination and is a useful tool for employers to review. This guidance can be found at http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm.…READ MORE
Pregnancy Discrimination Case Settled for $25,000
According to an EEOC press release earlier this week, a property management company in Maryland has agreed to pay $25,000 to settle a pregnancy discrimination lawsuit where the allegations were that the pregnant employee was terminated after she requested to discontinue working with certain cleaning products, but was unable to provide certain documentation from her doctor clearing her to work with cleaning chemicals. The EEOC filed suit on behalf of the employee in the United States District Court for the District of Maryland in the case of EEOC v. Greystar Management Services, L.P., No. 1:11-cv-02789.…READ MORE