October, 2012

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…

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In its first Facebook-firing decison, the NLRB backs an employer

October 2, 2012 | by Eric B. Meyer

Look out for that flying pig!!!

No, it’s true. I’ve got proof after the jump…

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CA enacts workplace social media protections; NJ gets closer

October 1, 2012 | by Eric B. Meyer

Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second.

As in the other two states, not only is it illegal to request online information, but also CA employers may not retaliate against anyone who refuses to turn it over.

There are two carve-outs in the CA law to protect legitimate employer interests. An employer may: