Litigating Pregnancy Discrimination Claims: Best Practices and Recent Updates

More than 40 years after the enactment of the Pregnancy Discrimination Act (PDA), claims of pregnancy bias still are in the headlines. This course will examine the current legal landscape with an emphasis on federal law, including a discussion of the pro-employee protections that now exist in a majority of states. The presenter, Gillian Thomas of the ACLU, will discuss the two key provisions of the PDA and the most common claims arising under each, "accommodations" claims after Young v. United Parcel Service, Inc., the overlap between the PDA, ADA, FMLA, and state and local protections for pregnant workers, post-due date consideration, such as workers who need to pump, and "caregiver discrimination."  Updates to leave and accommodations laws due to the COVID pandemic will also be discussed. 

 
Learning Objectives:

1. Review the current landscape of the PDA, including best practices for bringing the most common PDA claims
2. Analyze the overlap between the PDA and other leave and accommodations laws include those related to COVID
3. Discuss post-pregnancy discrimination claims
4. Assess recent case law and the impact on your practice