Category: Pregnancy Discrimination

Quirky Question #266: What’s up with Pregnancy Discrimination?

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?

Supreme Court decides Young v. United Parcel Service, Inc., 575 U.S. ___ (2015)

The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.  Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act (“PDA”) “requires courts to consider the extent to which an employer’s policy treats pregnant workers less favorably than it treats nonpregnant workers similar in their ability or...

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Question: I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations.  I am relatively familiar with the Americans with Disabilities Act, but am struggling to identify what, if any, accommodations we should be prepared to extend to pregnant employees.  Can you help?

Quirky Question #205, Pregnancy CA, Washington and Utah

Quirky Question #205, Pregnancy CA, Washington and Utah

Question: We have employees in California, Washington and Utah where I understand there may be separate statutes protecting pregnancy disability leave and requiring up to sixteen (16) weeks of protected leave (as opposed to twelve (12) under FMLA).  We terminated an employee in California for not returning after her sixteen (16) week leave and she is threatening to sue.  Aren’t...

Quirky Question # 193: Pregnancy Complications and the FMLA, PDA and ADA

Quirky Question # 193: Pregnancy Complications and the FMLA, PDA and ADA

Question: An employee experienced complications with her pregnancy toward the end of her second trimester.  As a result of these complications, her physician placed her on bed rest for the remainder of the pregnancy.  If she carries the baby to term, this employee will exhaust her Family and Medical Leave Act leave by the time of the birth.  Are we...

Pregnancy Discrimination, Quirky Question # 137

Pregnancy Discrimination, Quirky Question # 137

Quirky Question # 137: Our company recently hired a woman to manage our clean room.  This job is critical to our business and we spent a great deal of time finding someone who we thought would be the right person for bringing a new product to market on a critical time path.  In addition to supervising the employees in the...

Joint Employer Liability, Quirky Question # 70

Joint Employer Liability, Quirky Question # 70

Quirky Question # 70: Our company frequently hires workers through employment placement agencies – some on a temporary basis, others for more long-term assignments.  The placement company pays them and withholds employment taxes on their behalf.  We sign contacts saying that the workers are independent contractors and we are not their employer.  We recently terminated one of the workers who...

Termination for Infertility Treatments, Quirky Question # 53

Termination for Infertility Treatments, Quirky Question # 53

Quirky Question # 53: I read with interest your Quirky Question # 46, regarding the issue of whether an employer can fire an employee for having an abortion.  I have a slightly different inquiry.  Could we fire an employee because of her infertility treatments?  I ask because we need to reduce our workforce slightly and one of the employees we...

Firing An Employee for Having an Abortion, Quirky Question # 46

Firing An Employee for Having an Abortion, Quirky Question # 46

Quirky Question # 46: We are a privately held company that runs a large software sales organization.  The family that started our company and that still dominates its executive ranks has conservative values.  Among those issues about which the owners feel strongly is the abortion issue.  They do not believe that women should have abortions under any circumstances. One of...