Employer Law Report

Tag Archives: pregnancy discrimination

New “significant burden” test for pregnancy discrimination

Yesterday, in a 6-3 decision, the U.S. Supreme Court clarified the Pregnancy Discrimination Act (PDA) and answered the question of how to apply the law to an employer’s policy that accommodates many, but not all, workers with non-pregnancy related issues.

Peggy Young was a part-time driver for United Parcel Service (UPS). After becoming pregnant, her doctor advised her she should not lift more than 20 pounds. UPS required drivers like Young to routinely lift up to 70 pounds. UPS told Young that she could not work while under the temporary lifting restrictions which accompanied her pregnancy.  At the time, UPS …

EEOC issues updated enforcement guidance on pregnancy discrimination and related issues

Over the dissents of Commissioners Lipnic and Barker, the U.S. Equal Employment Opportunity Commission (EEOC) on Monday, July 14, 2014, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses. In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), the guidance discusses the application of the Americans with Disabilities Act (ADA) as amended in 2008, to individuals who have pregnancy-related disabilities.

According to the EEOC, the guidance sets out the fundamental PDA requirements that an employer may not …

Two Pregnant Employee Terminations in Two Months Too Coincidental for Southern District of Ohio

In Alexander v. Trilogy Health Services, LLC, The Southern District of Ohio held that an employer terminating two pregnant employees in two months–coupled with the close proximity in time between the terminations and the employer learning of the pregnancies–created an inference of pregnancy discrimination.

Tasha Alexander was a nurse at a retirement community in Cincinnati. In April 2010, she received a glowing performance review. Approximately one month later, she informed her employer that she was pregnant. A co-worker also announced her pregnancy around the same time.

In July and August 2010, Alexander was disciplined three times and issued a …