Articles Posted in Pregnancy

NJ now bans discrimination based on pregnancy, childbirth or related medical conditions

January 24, 2014 | by Eric B. Meyer

Thumbnail image for nj.jpg 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, it’s the law, son! Under the new law, which Governor Chris Christie (R) signed on Tuesday, employers must provide reasonable accommodation to pregnant employees that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth. Examples include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. An employer can avoid accommodation if it can establish that doing so would cause it undue hardship.

The new law takes effect immediately.

Pregnancy isn’t a workplace disability, but how about morning sickness?

December 3, 2013 | by Eric B. Meyer

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 ADA claim alleges that the discrimination relates not to her pregnancy, but rather to her morning sickness?

Hmmm….

The answer after the jump…

Philadelphia bill would require companies to accommodate pregnant employees

October 29, 2013 | by Eric B. Meyer

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 Fair Practices Ordinance, which too would require employers to make reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

What, you may ask, do the bill’s sponsors have in mind for reasonable accommodation?

New NJ bill targets pregnancy and childbirth discrimination

October 22, 2013 | by Eric B. Meyer

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, a new bill pending in the NJ Senate would change all that.

Not the hot dogs, silly. They rule. You know what doesn’t rule? Leaving a quart of Rutt’s Hut relish in the backseat of your buddy’s car overnight during a high-90s Summer heat wave. Sorry, dude.

The most cockamamie excuse evah for firing a pregnant employee

June 13, 2013 | by Eric B. Meyer

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. The worst one ever.

Angel Corps and its management staff feel that as a result of [the plaintiff’s] actions she compromised the health and safety of this client. According to policy and procedure this action will result in an immediate termination.

Tough HR issues: ADA and extending a leave of absence

June 5, 2013 | by Eric B. Meyer

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 disability benefits for regular full-time employee like Emily. Last year, Emily began a 12-week maternity leave under the FMLA, during which time she received STD benefits. She returned to work with no restrictions.

Firing a woman for lactating at work is against the law

June 4, 2013 | by Eric B. Meyer

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 Civil Rights Act of 1964 (Title VII).

EEOC: Bar claimed males like their Sunday servers sans embryo

December 4, 2012 | by Eric B. Meyer

*** 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? She’s *gasp* pregnant. That’s why we have her behind the bar, instead of in your face distracting you from watching the Arizona Cardinals, losers of eight in a row. Given that it’s Football Sunday, we even raised the bar an extra foot just in case her fetus is sitting high. And, as an extra precaution, we have a curtain between the bar and the employee bathroom so that you won’t have to avert your eyes should nature call. We used to have a bucket behind the bar for her, but our lawyers frowned on that. Really, what am I saying is, should we just fire her? Uh, fellas?!? Come back! I’ll make the other servers pee on sticks. Don’t run away! I assure you, it’s EPT; not that ClearBlue crap! Come one guys! Half-price Vodka/Rock Stars! Fellas!

New bill would require accommodations for pregnant employees

October 3, 2012 | by Eric B. Meyer

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 of Title VII. But the current state of law is such that employers need only treat pregnant employees as they would other employees with temporary disabilities. However, most employers do afford accommodations (e.g., light duty) to employees with temporary disabilities. So, they would have to do the same for pregnant employees too.

But do I smell some duplicative federal legislation after the jump? I sure do. Click through for details…

* * *

Your state’s family-leave benefits probably suck!

June 15, 2012 | by Eric B. Meyer

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 Pregnancy Discrimination Act (PDA), and the right to express breast milk at work provided to some nursing mothers under the Fair Labor Standards Act (FLSA).

The report card covers all 50 states, plus the District of Columbia. No state earned an A. Only 1/3 scored a C- or higher, while more than 1/3 flat-out failed. The highest grades went to California and Connecticut, each earning an A-. Locally, New Jersey ranked near the top with a B+, while Pennsylvania scraped by with a D.

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