March 26, 2015

Pregnancy Accommodation Claims Revived by US Supreme Court in Young v. UPS

Posted in Discrimination, Gender / Sex, Pregnancy, Pregnancy, Pregnancy Leave, Reasonable Accommodation, Women's Economic Security Act tagged , , , , , at 11:56 pm by Tom Jacobson

pregnancy accommodation

Me, in 1991, wearing the “empathy belly” in Lamaze class the day before our first son was born.

In a 6-3 decision the U.S. Supreme Court this week revived Peggy Young’s pregnancy accommodation claims against UPS. The high court’s decision clarifies how the federal Pregnancy Discrimination Act (PDA) is to be applied to pregnant employees who work for employers that accommodate employees with nonpregnancy-related disabilities.

The PDA is a 1978 addition to Title VII of the Civil Rights Act of 1964. The law has two main parts. First, it says that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” Second, it says that employers must treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work.”

At issue in Young’s case was the fact that after she became pregnant, her doctor imposed a 20 pound lifting restriction. UPS had a 70 pound lifting requirement for drivers like Young, so they told her she could not work while under that restriction. Young, however, presented evidence that UPS accommodated other workers who suffered on-the-job injuries, had ADA-qualifying disabilities, or had lost their Department of Transportation certifications. Thus, Young claimed that UPS violated the PDA by accommodating the other workers but not those who were pregnant.

The District Court and the Fourth Circuit Court of Appeals both rejected Young’s claims, but the Supreme Court disagreed with the lower courts and revived her case. In so doing, the court established the following framework for proving that a woman was subjected to disparate treatment under the pregnancy accommodation requirements of the PDA.

First, the woman must present evidence that: (a) she belongs to the protected class; (b) she sought accommodation; (c) the employer did not accommodate her; and (d) the employer accommodated others “similar in their ability or inability to work.” If the employee proves that much, the employer may then try to justify its failure to accommodate by presenting evidence of “legitimate, nondiscriminatory” reasons for denying accommodation. If the employer does so, the employee may then try to rebut that evidence with evidence that the employer’s reason was a pretext (that is, a facade or cover-up of the real discriminatory reason).

The case clarifies that pregnancy accommodation claims can be brought under the PDA, and it establishes what must be proved in order to win such cases. Therefore, it is important for employers and employees to understand their respective rights and obligations under this law. In particular they need to recognize that employers must accommodate pregnant employees if they accommodate nonpregnant employees who are “similar in their ability or inability to work.”

Finally, here’s a reminder for Minnesota employers and employees. The state’s Women’s Economic Security Act (WESA), which was passed in 2014, includes its own pregnancy accommodation requirements. This law only applies to Minnesota employers with 21 or more employees. The PDA, however, applies to employers with 15 or more employees. Consequently, smaller employers (15-20 employees) will only have to comply with the PDA, but larger ones will need to comply with both laws.

My wife and I with said first-born in 2014 at his graduation from the US Air Force Academy (not likely due to the empathy belly).

My wife and I in 2014 with said first-born at his graduation from the US Air Force Academy (not likely due to the empathy belly).

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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April 30, 2014

Registration Open for 11th Annual Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Conviction Records, Credit Checks, Criminal History, Discrimination, Fair Credit Reporting Act, Interactive Process, Minnesota Human Rights Act, Reasonable Accommodation, Religion, Sexual Orientation, Stereotyping, Training tagged , , , , , , , at 11:38 am by Tom Jacobson

Registration is now open for the Eleventh Annual West Central Minnesota Employment Law Update to be held on Thursday, June 12, 2014 at Alexandria Technical and Community College. This year’s event will cover:

  • Hot off the Press — Employment Law News You Can Use: presented by yours truly
  • Reasonable Accommodation and Fitness for Duty: A Practical Guidance on Real Work Problems: presented by attorney Penelope J. Phillips
  • Emerging Discrimination Issues in Employment Law: presented by attorney Mike Moberg
  • Ban the Box and Criminal Background Checks: Putting it All Together So That You Get it Right: presented by attorney Penelope J. Phillips
  • Bonus HR Session: Recruit, Motivate and Retain Your Workforce: presented by humorist and corporate trainer, Ted Schick

The event has been approved for 6.0 HRCI credits. Go to 2014 Employment Law Update Agenda for complete details and to 2014 Employment Law Update Registration to register. I look forward to seeing you on June 12!

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

April 24, 2014

Women’s Economic Security Act Passed by MN House

Posted in Care of Relatives Leave, Caregiver Leave, Discrimination, Domestic violence, Employee Handbooks, Equal Pay, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Gender / Sex, Leaves of Absence, Leaves of Absence, Minnesota Parenting Leave Act, Nursing Mothers, Pregnancy, Reasonable Accommodation, Workplace Violence tagged , , , , , , , , , at 11:32 am by Tom Jacobson

The Minnesota House of Representatives on April 9, 2014 passed the Women’s Economic Security Act (HF 2536) by a 106-24 vote. The companion Senate bill (SF 2050) awaits action in the Senate.

According to the Senate’s bill summary, the law will:

  • Allow mothers to stay in the workplace by expanding family leave and providing minor, reasonable accommodations for pregnant and nursing employees;
  • Decrease the gender pay gap through the participation of women in high-wage, high-demand nontraditional work;
  • Reduce the gender pay gap through increased enforcement of equal pay laws for state contractors and by allowing employees to discuss pay inequities;
  • Address economic consequences of domestic violence, stalking, and sexual assault;
  • Enhance retirement security by considering a state retirement savings plan for those without an employer-provided option
  • Expand grandparent care-giving options.

The law would also allow employers to reduce the period of leave it may require by the amount of any paid leave or leave required by the Family and Medical Leave Act (FMLA), so that the total time off does not exceed 12 weeks. The new law would clarify that only 12 weeks of leave are required even if the employee is eligible for both state and federal leave.

What you need to know: If enacted into law, this legislation will require most Minnesota employers to take a close look at their existing policies and procedures and to make any changes necessary to bring them into compliance.

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

July 31, 2013

Things are not always as they seem

Posted in Americans with Disabilities Act, Disability, Discrimination, Fair Labor Standards Act, Minimum Wage, Overtime, Reasonable Accommodation tagged , , , , , , , , , , , , , at 4:50 pm by Tom Jacobson

IMG_5116 Edited“Why is Sam sticking his fingers in Spencer’s mouth?” That’s what ran through my head a couple of years ago when I snapped this picture of one of my sons and a teammate working at a swim meet. When you look closely, you’ll see that things are not always as they seem.

Things are not always as they may seem in the legal world, either. A while back I wrote about an employee who was found eligible for unemployment benefits despite her failure to report to work for two months. For more on that story, click here.

There’s also the more recent case of Lucas v. Jerusalem Cafe, LLC. where a number of workers who were unauthorized aliens sued their employer for overtime and minimum wage violations under the Fair Labor Standards Act. Because they were unauthorized aliens, our first reaction might be to question why they would have a right to sue for a FLSA violation or even collect wages in the first place. That’s what the employer argued, but the court disagreed, noting that “The FLSA does not allow employers to exploit any employee’s immigration status or to profit from hiring unauthorized aliens in violation of federal law.” Interestingly, the court also noted how the employer’s argument rested “on a legal theory as flawed today as it was in 1931 when jurors convicted Al Capone of failing to pay taxes on illicit income.”

But what if an employee sleeps on the job?  Shouldn’t he be fired? Not if waking him would be a reasonable accommodation for a disability under the Americans with Disabilities Act, according to the federal judge in Virginia who is presiding over the case of Riddle v. Hubbell Lighting, Inc.

Unemployment statutes, the ADA and the FLSA are just a few of the many employment laws where outcomes are not always what you might expect them to be. For a better idea of what those outcomes might be, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2013 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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