I blogged about it here back in October. My epic Lil’ Za Halloween costume. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work. Well, now,…
An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lose her ADA claim 10 times out of 10. This is because pregnancy is not a disability under the ADA. But what if that same employee plaintiff with an…
Last week, I brought you this news of a bill pending in New Jersey, requiring employers to make available reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician. Yesterday, I read this article in The Legal Intelligencer about this potential amendment to Philadelphia’s…
New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace. However,…
When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate. Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst.…
Alright smarties. One of ABC Company’s employees suffers from post-partum depression. She’s been out of work for over a month, and the company wants to replace her. But, first, it wants your advice. Read all the facts below: Emily Employee is an HR Coordinator at ABC Company. ABC provides short-term…
Allow me to be serious for a moment… Moment’s passed, eh? Ok. Let me bring it back… Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the…
*** Googles “sans,” wipes brow while sighing in relief *** I’m not aware of any studies or surveys that the Sandbar Mexican Grill conducted on this subject. Instead, I imagine something like this: Sandbar Customer: “Two please.”Sandbar Manager: “Sure. But before I seat you, do you see that bartender over there?…
Does an employer have to provide a reasonable accommodation to a pregnant employee to allow her to perform the essential functions her job? Let’s see. Americans with Disabilities Act? No. Pregnancy is not a disability. Title VII of the Civil Rights Act? Well that depends. The Pregnancy Discrimination Act is part…
That according to a a new survey from The National Partnership for Women & Families. The survey compared how state-based rights and protections compare to the 12 weeks of leave for new and expecting parents provided by the federal Family and Medical Leave Act (FMLA), the protections provided by the…