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).
*** 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!
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…
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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.
Earlier this week, Representatives Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA) and Susan Davis (D-CA), introduced the Pregnant Workers Fairness Act.
What’s in the bill and how will it affect employers? Find out after the jump…
My loyal readers know that yesterday the U.S. Equal Employment Opportunity Commission held a public meeting to discuss pregnancy discrimination and caregiver issues.
Conversely, my disloyal readers can go to hell. No, no, I forgive you. Just send me a check and we’ll call it even.
*** Takes meds ***
*** Flashes Men In Black red light ***
Ah, yes, pregnancy discrimination. Click through for a summary of what happened at yesterday’s EEOC meeting…
The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public meeting on the subject of pregnancy discrimination and caregiver issues at 9:30 a.m. today in Washington, DC. If you are in the area, feel free to stop by. The meeting is open to the public.
https://www.youtube.com/watch?v=99j0zLuNhi8
According to this press release, the Commission will examine “recent trends in discrimination against pregnant workers and workers with caregiving responsibilities, examining these two forms of discrimination as a continuum.”
I have no idea. I was hoping that one of you could help me out.
Oh, wait, I’m supposed to be the expert here. Ok. Fine. I’ll play some music and dish the deets — hint, it has something to do with the picture — after the jump…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”.
The answer to today’s question is fiction. Pregnancy is not a “disability” for purposes of the Americans with Disabilities Act. To be considered a disability under the ADA, covered persons must actually have physical or mental impairments that substantially limit one or more major life activities. Pregnancy is not considered an impairment under the law.
I can pinpoint the exact moment that this blog transcended to the next level of internet excellence.
It was back in late March, when I blogged here about a female bartender/server who had sued her employer, the Wild Beaver Saloon, for pregnancy discrimination. The retweets that day were off the heezy fo sheezy, yo. (The hyperlink is a courtesy to my NPR listeners).
***Wait. Hold on one sec. I have to take this call from “1993”. They say they want their dated hip-hop lingo back. OK, I’m back.***
When I first wrote about the Wild Beaver Saloon, the question was whether a business could make an employment decision based on the preferences of co-workers, the employer, clients or customers. I concluded, in this instance, that the Beave could not get away with it.
Well, the case ended last week. So was I right? Click past the jump to find out if I know my stuff…
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