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March, 2015

What is it with Pregnancy?

Pregnant employees, as a protected class, are having their moment in the sun.  The United States Supreme Court just held in Young v. United Parcel Service, Inc. that pregnant employees may be legally entitled to accommodation of their pregnancy-related work limitations, even if those limitations do not meet the threshold of a legally-recognized “disability”.  Also, for the first time in 25 years, the Equal Employment Opportunity Commission updated its Enforcement Guidance on Pregnancy Discrimination in July 2014 to declare that pregnant employees should receive the same types of accommodations, for example modified tasks, alternative assignments, or leave, as an employer accords to disabled employees who have requested a reasonable accommodation.

As I discussed earlier this year, in 3 Hyper-Local Laws Employers Can’t Afford to Ignore, various states and municipalities (including New York City) have recently passed laws providing enhanced protection to pregnant employees.  Bills offering similar protections are pending in other state legislatures.

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22

December, 2014

3 Hyper-Local Laws Employers Can’t Afford to Ignore

Hyper-local laws are the latest overarching trend in employment law, as municipal governments increasingly adopt laws applicable to private employers within their localities.  The reach of these laws includes new protected classifications, new notice obligations, and even paid leave mandates – often exceeding employer obligations under federal and state laws.  Woe to the unwary employer who is inattentive to these local legal requirements!

Currently the three hottest areas in local employment legislation are:

  • Paid sick leave,
  • “Ban-the-box” laws and
  • Pregnancy accommodation.

Are your workplace management policies in compliance?
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