Pregnancy Discrimination Act (PDA)

Does Refusing a Request to Work Remotely Equal Discrimination?

the situation An employee has to be on bed rest for a number of months because of a medical condition.  She requests that you allow her to telecommute.  But because her job duties involve a lot of in person presentations and face to face meetings, you deny this request and require her to take unpaid […]

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Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?

the situation An employer decides to implement a new policy permitting lactating mothers to express breastmilk only in certain designated lactation rooms. An employee who has been pumping in her office objects to this new policy, claiming that it will inhibit her ability to do her job properly. Following a number of heated exchanges about […]

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But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?

the situation An employer finds out that a pregnant employee is considered high risk and so takes her off the schedule based on some concerns about her safety in the workplace. Is this discrimination?

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Can You Cut a Pregnant Employee’s Shifts to Avoid Unpredictability?

the situation A restaurant has an automatic scheduling system which allows employees to input their availability and then generates a schedule accordingly a few weeks in advance.  One of the restaurant’s servers is pregnant and quickly approaching her due date, although has stated her intention to work until she has the baby. In fear of […]

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Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

the situation A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]

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Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle

the situation One of your employees announces she is pregnant. Not long after, she complains that ever since she announced her pregnancy, her manager has been treating her differently, including not allowing her to take bathroom breaks. What sort of exposure do you have?

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Pregnant Employee? Reassignment of Duties Could Land You in Hot Water

the situation A female employee whose job involves some potentially dangerous activities announces she is pregnant. Thinking you are doing her and her unborn child a favor, you reassign some of her more unsafe duties to other employees. Could you end up facing a discrimination claim?

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Supreme Court ruling strengthens protections under PDA

Earlier this week, the United States Supreme Court recently ruled in favor of protections afforded to pregnant women under the PDA, but stopped short of giving pregnant women “most-favored-nation” status. Young v. United Parcel Service, Inc., Case No. 12-1226.

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New Guidance from EEOC on Pregnancy Discrimination

Earlier this week, the EEOC issued a Notice titled Enforcement Guidance: Pregnancy Discrimination and Related Issues. The EEOC provides an overview of statutory protections, discussing the Pregnancy Discrimination Act (“PDA”), the Americans with Disabilities Act (“ADA”), and other requirements affecting pregnant workers, including the Family Medical Leave Act (“FMLA”), Executive Order 13152 Prohibiting Discrimination Based […]

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Pregnancy Discrimination Case Settled for $25,000

According to an EEOC press release earlier this week, a property management company in Maryland has agreed to pay $25,000 to settle a pregnancy discrimination lawsuit where the allegations were that the pregnant employee was terminated after she requested to discontinue working with certain cleaning products, but was unable to provide certain documentation from her […]

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