Here's another case of a judge not thinking like a juror: most fair-minded people would consider it evidence of pregnancy discrimination that a manager launched an audit and started putting negative reports in an employee's file literally days after she announced her pregnancy. The district court judge did not get this, but the Second Circuit reverses and sends the case back for trial. The panel also addresses the standard for proving sex discrimination in pay under Title VII, outside of the "equal work" framework.
The Sixth Circuit holds that full-time, in-office attendance is not a per se "essential function" for purposes of the ADA, and must be established just like any other element of the claim. The court vacates summary judgment and remands a claim brought under the ADA, Title VII, and the FMLA that the employee needed a reduced schedule to accommodate her post-partum depression and separation anxiety.
An employee fired during her pregnancy should get a Title VII trial, holds the Tenth Circuit, where one of the putative decision-makers reportedly told the plaintiff "[w]hat, you're pregnant too?," and said "I don't know how I'm going to be able to handle all of these people being pregnant at once" and "I have too many pregnant workers, I don't know what I am going to do with all of them."
In a potentially important development for family-responsibilities discrimination law, the Eleventh Circuit upholds a $161,319.92 award for a woman who was forced to quit police work because the city would not accommodate her breastfeeding.
The Fifth Circuit reverses summary judgment in a pregnancy discrimination case, decided under the Texas Commission on Human Rights Act ("TCHRA"). The panel holds that the plaintiff presented a genuine dispute of material fact about each of two reasons that the employer - a law firm - gave for her termination. The opinion reminds employers that simply keeping records of an employee's supposed violations is not enough to avoid a trial, and that the plaintiff's own testimony about the records deserves equal dignity.
Today's Two-fer Tuesday in the Second Circuit: a pregnancy discrimination case is returned for retrial, in light of the intervening decision in Young v. United Parcel Service, Inc., 135 S. Ct. 1338 (2015); and a panel holds that a state human-resource professional's opposition to changes in the EEO complaint-reporting procedures is not a "protected activity" under Title VII.
Effective January 1, 2015 the pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA) became law, requiring many employers in the state to update or change their policies with respect to expecting and new mothers in the workplace.
Pregnant women and new mothers may soon enjoy greater protections against workplace discrimination in New York City. On September 24, 2013, the City Council amended the New York City Human Rights Law, already one of the most expansive anti-discrimination laws in the country, to protect women against pregnancy-related employment discrimination.
The Fifth Circuit holds that discriminating against a woman who is lactating or expressing breast milk violates the Pregnancy Discrimination Act provisions of Title VII.
A recent lawsuit filed in California state court against The Oprah Winfrey Network sheds light on pregnancy and leave discrimination issues in the workplace.