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On September 17, 2020, the U.S. House of Representatives passed HR 2694, the Pregnancy Workers Fairness Act (“PWFA”), in a 329-73 vote.  The Senate will now consider the bill, which, if passed, would require employers to reasonably accommodate pregnant workers and employees with pregnancy-related conditions.  The bill would clarify an employer’s obligations set forth in the 2015 U.S. Supreme Court decision Young v. UPS, 135 S. Ct. 1338 (2015) and subsequent Equal Employment Opportunity Commission (“EEOC”) guidance.
Continue Reading Pregnancy Workers Fairness Act Heads to the Senate

In 1978, Congress passed an amendment to Title VII making it illegal for an employer to discriminate against an employee on the basis of pregnancy, childbirth, or pregnancy-related conditions. The amendment, also known as the "Pregnancy Discrimination Act" ("PDA"), went into effect in 1979. This week, the United States Supreme Court held that it is not generally impermissible for an employer to apply a bona fide seniority system (a scheme having no discriminatory terms that allots additional rights and benefits to employees relative to their length of creditable employment) in effect prior to 1979 to pregnancy leaves taken prior to 1979—even if that seniority system would violate the PDA if enacted today.Continue Reading AT&T Corp. v. Hulteen: Pregnancy Leave and The Last Days of Disco

The Pregnancy Discrimination Act ("PDA"), passed in 1978, clarified that Title VII prohibits discrimination based on pregnancy, child birth, or related medical conditions.  As such, employers are required to provide women who take pregnancy leave the same benefits it provides employees who take other types of temporary disability leave.Continue Reading The Ninth Circuit Reaffirms That Pregnancy Leaves Taken Before The Enactment Of The Pregnancy Discrimination Act Must Be Treated The Same As Other Temporary Disabilities For The Purposes Of Calculating Benefits