Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Pregnancy

Subscribe to Pregnancy RSS Feed

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

For “Labor Day” (get it?): Three pregnancy cases from the EEOC

Posted in Discrimination, Equal Pay, HR, Pregnancy
Happy Labor Day Weekend, y’all! The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports. But the… Continue Reading

Weekly catch-up

Posted in Immigration, Politics, Pregnancy
President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based “points” system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent.… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Mother’s Day Employment Law Quiz! Pregnancy, lactation, you name it!

Posted in Discrimination, Family and Medical Leave Act, HR, Lactation, Pregnancy
Happy Mother’s Day weekend to all of you who are, or who have, mothers. (I think that covers everybody.) I couldn’t think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation accommodation, “family discrimination,” and the Family and Medical Leave Act. As always, answers are at the end of… Continue Reading

Daily Trumpdate: Gorsuch seems to care about real people

Posted in Discrimination, Elections, Politics, Pregnancy
President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron doctrine. (Judge Gorsuch also wrote the majority opinion in Gutierrez-Brizuela, but his concurrence starts at pdf page 15.) The Chevron doctrine, from… Continue Reading

Weekly catch-up

Posted in Elections, FOCUS, Immigration, Lactation, Politics, Pregnancy
Daily Trumpdates. Our new president has had a busy week, and I’ve been providing “Daily Trumpdates” of actions taken that are of interest to employers. Here are links to all the Trumpdates from this week: MONDAY: Regulatory freeze, “listening session” with unions, Puzder status TUESDAY: Good meeting with union reps WEDNESDAY (twofer): The 4 known SCOTUS contenders Victoria… Continue Reading

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Posted in Discrimination, Elections, Gender Identity Discrimination, Labor Relations, Pregnancy, Sexual Orientation, Uncategorized, Wage-Hour
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

EEOC Small Business Resource Center: Two thumbs up!

Posted in Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Product Review, Retaliation, Sexual Orientation
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2)… Continue Reading

Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect

Posted in Affirmative Action, Discrimination, Gender Identity Discrimination, Harassment, Pregnancy
The OFCCP’s Final Rule on sex discrimination will take effect August 15. Are you ready? On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive regulations align with the latest legal developments and interpretations by the Equal Employment Opportunity Commission. Cara Crotty, the head of… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

Court sheds light on “pregnancy accommodation” obligation after Young v. UPS

Posted in Discrimination, Evidence, Pregnancy
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn’t provide it for anyone else.… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

Double whammy for employer who won’t accommodate pregnancy — but will the EEOC’s case survive?

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
This case may have some problems, but it’s a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way. The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis… Continue Reading

EEOC’s revised pregnancy guidance: Now, just barely more flexible!

Posted in Pregnancy
Hey, EEOC, there’s this newfangled technique known as “track changes.” Look into it! Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The EEOC’s original guidance was issued in July 2014, but now the new version of the EEOC… Continue Reading

Pregnancy accommodation FAQs for employers

Posted in Discrimination, Pregnancy
What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service? For the “somewhat-scholarly” version (also known as the “tl:dr”* version), go here. *”Too long; didn’t read” For the “one minute 14 second” version, go here. But for the “just right” version, stay where you are for some… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he… Continue Reading