Articles Posted in Pregnancy

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.

*** 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…

* * *

Continue reading

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…

Continue reading

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…

Continue reading

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.

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.”