Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Pregnancy Accommodation”

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

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… 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

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

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

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

Employment law advice you should never follow

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence
Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to… Continue Reading

An employer should never ask about disability or religion. Except when it should.

Posted in Americans with Disabilities Act, Discrimination
Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception… Continue Reading

The EEOC has been a busy bee this week. (It stings!)

Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor… Continue Reading

An in-depth look at the EEOC’s new Enforcement Guidance on pregnancy

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Lactation, Pregnancy
As promised on Monday, here is my magnum opus regarding the EEOC’s new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I’ll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don’t go to the bathroom during the work day . . . all… Continue Reading