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Articles Posted in Pregnancy

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Can a man claim pregnancy discrimination? A man, baby!

Austin Powers, Eric? Yeah, sorry. I’m all tapped out after yesterday’s fantasy football spectacular. So, pregnancy-discrimination, eh? The facts in Estate of Andrew Tyler Pennington v. Southern Motion, Inc. (opinion here) are rather straightforward. Mr. Pennington worked for Southern Motion, Inc. According to the plaintiff, shortly before Mr. Pennington’s employment with Southern Motion…

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No take backs! Employer rescinds a termination, but can’t dodge a discrimination claim

The rules of the playground apply with equal force at work. Except, no cooties. [For my email subscribers, sorry about the deluge of posts today. We had some technical difficulties with the email feed over the past two days. I apologize. But, you guys get what you pay for.] Yesterday,…

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55,000 reasons to allow your pregnant employees to be exposed to toxic chemicals at work

Wait. That came out wrong. What I meant to say was… The Pregnancy Discrimination Act forbids employers from requiring that pregnant employees leave work. Even if it’s because the employer honestly believes that workplace conditions could place the health of mom or fetus at risk. Yes, really. Indeed, the U.S. Equal…

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A new SHRM study should have employers reexamining their policies on parental leave

On average, organizations gave mothers 41 paid days of maternity leave, compared with 22 paid days of paternity leave for fathers. That statistic comes from 2016 Paid Leave in the Workplace, a survey recently conducted by the Society for Human Resource Management. Does this disparity demonstrate discrimination against men? Not necessarily.…

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Do-over! Employer avoids a discrimination claim by rescinding employee’s termination

Get back to where you once belonged. Picture this… You decide to eliminate an employee’s position, but give her a few weeks’ notice. Prior to her last day of work, you present this employee with a severance agreement, which offered her six weeks of pay in exchange for “a complete waiver…

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Caught on tape! EEOC nails a whiskey bar for pregnancy discrimination.

How did one employer not only violate the Pregnancy Discrimination Act, but also get called out by a federal judge for its “deplorable” conduct? Actually, before we do that, let’s quickly flashback to Monday’s post. That’s weird. Why didn’t Eric hyperlink “Monday’s post?” Well, I messed up and didn’t have…

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GOP proposes pregnancy discrimination bill. In other news, pigs fly.

Ok, to be fair, the Pregnancy Discrimination Amendment Act (here), isn’t exactly the most progressive piece of legislation. Kinda like putting provolone on a cheesesteak; no Cheez Whiz here. Congressman Tim Walberg (R-MI) and Senator Lisa Murkowski (R-AK) introduced the PDAA yesterday to clear up the confusion arising from the Supreme Court’s opinion…

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D’s and R’s (some of ’em, at least) agree: It’s time for a federal pregnancy-accommodation law

Yesterday, on the heels of the Supreme Court’s decision in Young v. UPS, Senator Bob Casey (D-PA), brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: fail to make reasonable accommodations…