Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Pregnancy

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

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

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Labor Relations, Politics
The November-December edition of Constangy’s Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor’s overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez’s run for chair of the… 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

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

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

Eggs in the workplace

Posted in Discrimination, Pregnancy
No, not that kind of egg. This kind of egg:   Eggs – human eggs, aka ova – have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and implantation, a procedure that can cost as… Continue Reading

A reader asks: “Is it me, or has job interviewing become really complicated?”

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent of the time, you should stay away from these topics in job interviews.) My post prompted one reader… 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

Employment law BELIEVE IT OR NOT!

Posted in Discrimination, Drug Testing, Pregnancy
Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may… Continue Reading