Law and the Workplace

Tag Archives: pregnancy

Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?

By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

Massachusetts Pregnant Workers Fairness Act Becomes Law

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading

Connecticut Expands Anti-Discrimination and Accommodation Protections for Pregnant Employees and Applicants

By Keisha-Ann Gray and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the state’s existing anti-discrimination law. The expanded protections amend the Connecticut Fair Employment Practices Act (“CFEPA”) and will go into effect October 1, 2017. … Continue Reading

Massachusetts Senate Passes Pregnant Workers Fairness Act

By Scott Faust and Samantha Regenbogen Manelin on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees. The bill, which had previously unanimously passed in the … Continue Reading

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10, 2016

By Patrick Lamparello and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under the new law, which amends the Utah state anti-discrimination statute, employers with 15 or more employees cannot refuse to provide a requested accommodation … Continue Reading

EEOC Updates Pregnancy Discrimination Guidance

By Katharine Parker and Jacquelyn Weisman on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. As we blogged about in March, the Court in Young articulated a new standard applicable to claims brought under the Pregnancy Discrimination Act (“PDA”), when … Continue Reading

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young, a UPS driver, claimed that UPS intentionally discriminated against her by refusing to accommodate her pregnancy-related lifting restriction by transferring her to a … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Daniel Saperstein and Matthew Engel on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

By Allan Weitzman and Jurate Schwartz on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her] pregnancy was affecting [her] effectiveness” and who had complained about this to the employer’s Ethics Hotline. In … Continue Reading

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

By Joshua F. Alloy and Emilie Adams on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness Act of 2014 (the “Act”).  The Act requires employers to provide reasonable workplace accommodations for workers whose ability to perform the functions … Continue Reading

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

By Allan Weitzman and Jurate Schwartz on Posted in Discrimination, Harassment and Retaliation
In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy. Delva v. Continental Group, Inc., 137 So. 3d 371 (Fla. 2014). In its 6-1 decision, the Supreme Court found that “the … Continue Reading

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

By Katharine Parker and Daniel Saperstein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship.  The new law, which is now in effect, amends the city’s fair practices ordinance.  Reasonable accommodations under the law include providing unpaid break time or … Continue Reading

Delaware Latest State to Expand Protections for Pregnant Applicants and Workers

By Katharine Parker and Daniel Saperstein on Posted in Leaves of Absences, Workplace Policies and Procedures
On September 9, 2014, Delaware joined a number of other states, enacting legislation to require reasonable accommodation of pregnancy, not just pregnancy disability.  Accommodations that would pose an undue hardship are not required.  The new law takes effect immediately. The Delaware law is notable because it expressly refers to lactation as being a pregnancy-related condition … Continue Reading

New Guidance from EEOC on Pregnancy Discrimination

By Katharine Parker and Latoya Moore on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidelines accompanied by a question and answer guide on pregnancy discrimination and related workplace issues (“the Guidance”).  This is the first time in over 30 years that the EEOC has provided detailed insight on this subject and its guidance did not come … Continue Reading

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

By Katharine Parker, Daniel Saperstein, Kelly Anne Targett and Nicholas M. Tamburri on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Philadelphia recently amended the city’s fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. This alert examines the amendment, which took effect on January 20, 2014. Read the full text of this alert.… Continue Reading

New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

By Joseph O’Keefe, Daniel Saperstein and Nicholas M. Tamburri on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey’s Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy, effective immediately. The amendment makes pregnancy a protected characteristic under the LAD, expressly requires that an employer provide reasonable accommodation to an employee based upon pregnancy-related conditions when … Continue Reading

The Florida Civil Rights Act Amendment

By Allan Weitzman and Jurate Schwartz on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Workplace Policies and Procedures
The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them.  There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA.  To resolve the split, the Florida Supreme Court heard … Continue Reading
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