According to a New Hampshire judge, “It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child’s health.’” For this reason, the court denied an employer’s motion to dismiss a New Hampshire woman’s wrongful discharge case after she asked her employer to allow her to breastfeed her newborn son during the workday. Plaintiff Kate Frederick will now have her case heard before a jury in September 2019.
Continue Reading Breastfeeding Case Heads to a New Hampshire Jury
Estee Lauder Agrees to Pay $1.1 Million to Settle Discrimination Suit Filed by EEOC on Behalf of New Dads
On March 5, 2018 I reported that the EEOC announced a settlement in its first lawsuit alleging that parental leave policies which granted more rights to mothers discriminated against new fathers. Details on the lawsuit’s allegations can be found here. The EEOC’s press release was devoid of details about the terms of the settlement. On July 17, the details became public, and they are likely to send shock waves through HR departments and C suites.
Continue Reading Estee Lauder Agrees to Pay $1.1 Million to Settle Discrimination Suit Filed by EEOC on Behalf of New Dads
EEOC Settles Paternity Leave Case: Will Dads Be Getting Equal Time?
The EEOC announced on February 27, 2018 that it had reached a settlement in the agency’s first lawsuit alleging that parental leave policies which granted more rights to mothers discriminated against new fathers. Details of the settlement were not announced.Continue Reading EEOC Settles Paternity Leave Case: Will Dads Be Getting Equal Time?
Governor Baker Signs the Pregnant Workers Fairness Act
Last week, Governor Baker signed the Pregnant Workers Fairness Act into law, which guarantees greater protections for pregnant women and nursing mothers in the workplace. The bill had unanimously passed in both the House and Senate. The law prohibits employers from discriminating against an employee
Washington State is Latest to Enact Paid Family Leave Legislation
On July 5, 2017 Washington became the latest state to enact some form of paid family and medical leave. The new law goes into effect in January 2020 and will provide employees with up to twelve (12) weeks per year of paid family leave for the following purposes:
• The employee’s own serious health condition;
• Care of a family member with a serious health condition;
• Care of a child new to the family following birth, adoption or placement in foster care; or
• For qualifying exigencies due to a family member’s deployment to active duty in the US Armed Forces.
Continue Reading Washington State is Latest to Enact Paid Family Leave Legislation
Massachusetts House Passes Legislation to Protect Pregnant and Nursing Mothers in the Workplace
Earlier this week, Massachusetts House of Representatives voted unanimously to pass An Act Establishing the Massachusetts Pregnant Workers Fairness Act, a law that would guarantee greater protections for pregnant women and nursing mothers. The legislation prohibits employers from discriminating against an employee because of “pregnancy or a condition related to pregnancy,” which is defined to include the need to express breast milk for a nursing child. It also prohibits employers from denying pregnant women and nursing mothers reasonable accommodations if requested by the employee unless it would impose an undue hardship upon the employer. The bill provides the following examples of such reasonable accommodations:
Continue Reading Massachusetts House Passes Legislation to Protect Pregnant and Nursing Mothers in the Workplace
EEOC’s Enforcement Guidance on Pregnancy Discrimination Updated
On June 25, 2015, the Equal Employment Opportunity Commission (“EEOC”) updated its Enforcement Guidance: Pregnancy Discrimination and Related Issues to make it consistent with the decision in Young v.United Parcel Service, Inc. (UPS), the most recent U.S. Supreme Court case on pregnancy discrimination.
The Young court analyzed under what circumstances the Pregnancy Discrimination Act
US Supreme Court Rules That Employers Have a Duty to Accommodate Pregnant Employees
The US Supreme Court on March 25, 2015 decided the case of Young v. United Parcel Service, Inc.(UPS). The issue in the case was whether, and in what circumstances, the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), requires an employer which provides work accommodations to non-pregnant employees with work limitations to provide work accommodations
New Massachusetts Parental Leave Act Expands Current Maternity Leave Law
In one of his last official acts as governor, Deval Patrick signed into law the new Massachusetts Parental Leave Act. The new law, which goes into effect on April 7, 2015, expands the current Massachusetts Maternity Leave Act to cover
EEOC Launches Full Court Press Against Pregnancy Discrimination
The Equal Employment Opportunity Commission (” EEOC”) on July 14, 2014 issued an Enforcement Guidance on Pregnancy Discrimination The document, which was not published for public comment prior to its release, purports to provide guidance regarding the Pregnancy Discrimination Act (“PDA”) and the Americans With Disabilities Act (“ADA”) as it applies to pregnant workers. The