Pregnancy Discrimination: The Evergreen Employment Law Cause of Action

(462 Ratings)

Produced on: March 07, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

Join employment law attorney Jack Tuckner as he details the Pregnancy Discrimination Act and other related leave of absence laws that affect employers and employees from the plaintiff's perspective

Despite (or because of) the recent expansion of prohibitions against pregnancy discrimination in the workplace, these sex-based claims against employers have held steady or risen each year, from 3,385 combined EEOC and state agency complaints filed in 1992, to 5,797 complaints filed in 2011. This excludes the thousands of state court complaint filings, not to mention the largest group of pre-filing pregnancy discrimination claims resolved through confidential settlement agreements.

The state of the law defining pregnancy discrimination is confusing to both employers and employees and at times seemingly contradictory, as the interplay between the Pregnancy Discrimination Act, the Americans with Disabilities Act and the Family and Medical Leave Act is not always easy to discern. Add into that murky mix the laws of the twelve states and four cities that have enacted their own more expansive Pregnant Workers Fairness Acts, requiring employers to make reasonable accommodations for pregnant workers just because they are pregnant, and you have a recipe for litigation.  

Whether you represent employers or employees, it is essential to understand the rapidly evolving area of pregnancy discrimination in the workplace. While it is largely understood that employers may not discriminate against an employee on the basis of pregnancy, childbirth or related medical condition, what does federal law mean when it holds that pregnant women must be treated “the same as other persons not so affected but similar in their ability or inability to work"? What if the pregnant employee is not “disabled” within the meaning of the ADA? Is she still entitled to a reasonable accommodation? Is a pregnant employee entitled to maternity leave if the Family and Medical Leave Act of 1993 does not cover her because her employer is too small? Gain answers to all these questions and more.


Learning Objectives: 

  1. Review the Legal Framework for Pregnancy Discrimination Claims, such as Title VII of the Civil Rights Act of 1964, Gilbert v General Electric, the Pregnancy Discrimination Act of 1978, Young v UPS, the Family and Medical Leave Act of 1993, the Americans with Disabilities Act Amendments of 2008, the FLSA Nursing Breaks Amendment of 2010, and various State and Local Laws
  2. Synthesize and harmonize the current state of the various federal laws
  3. Assess how these laws apply to different workplace pregnancy scenarios
  4. Provide best practices guidance to reduce legal exposure for companies and to empower pregnant employees to protect their jobs through awareness and prevention 

Faculty

Jack Tuckner

Tuckner, Sipser, Weinstock & Sipser, LLP

Jack Tuckner is an employment lawyer with a focus in women’s rights in the workplace, such as pregnancy discrimination, sexual harassment and gender pay disparity. He co-founded the firm Tuckner, Sipser, Weinstock & Sipser, LLP, where he has served clients as an advocate and trial lawyer since 1999, and his cases or commentary on women’s discrimination issues has been reported across the media spectrum, including in The New York Times, The Wall Street Journal, The New York Daily News, NBC’s Nightly News with Brian Williams, Good Morning America, The Anderson Cooper and Joy Behar Shows, National Public Radio, CNN, numerous local television and radio stations and at grass roots community meetings and seminars throughout the NY tri-state area. He is the author of Women's Rights in the Workplace: A Guide to Pregnancy Discrimination.



Reviews

TK
Thomas K.

Excellent presenter and substantive, detailed course materials.

VB
Vicki B.

Very thorough and helpful presentation.

TH
Tamara H.

really great course

JF
Jennifer F.

This is a really excellent speaker. Very timely topic that should appeal to broad audience. That is, I have practiced both PL and DF employment law and believe this presentation would appeal to both sides.

TL
Tara L.

Interesting, but would have been more effective had he been better organized.

CT
Corinne T.

Mr. Tuckner was a very engaging speaker. I would love to see more CLE courses from him.

EK
Erik K.

Outstanding presentation with review of historical cases, legal standards, advocacy and tips.

RE
Rodion E.

Excellent lecture.

JB
John B.

Good speaker on the topic.

MM
Michelle M.

Great presentation--thanks.

CJ
Charleen J.

Very good speaker!

LR
Lynn R.

Finally! An attorney with some passion for his clients and his area of practice.

KM
Kirstin M.

Best instructor I have seen in a long time.

MM
Mark M.

Informative

CC
Cecilia C.

Informative. Enjoyed the instructor's penache.

TQ
Theresa Q.

really enjoyed this CLE

JS
Jason S.

Very informative presentation.

CB
Caroline B.

Excellent speaker - engaging even in audio format

CT
Chad T.

Excellent!

HJ
Hilary J.

I appreciated the fact that the speaker clearly believes in his area of practice

LP
Lisa P.

With an evolving areaa law that currently strongly favors employers, hearing opinions from this expert on areas where the law could or should go is very helpful.

JB
Julie A. B.

Edifying. Appreciate the supplemental materials -- the opinions in General Elec. Co. v. Gilbert, 429 U.S. 125 (1976) and Young v. United Parcel Service, Inc., 707 F.3d 437 (2013).

MV
Michael V.

Speaks more from the side of a plaintiff's attorney. I'd recommend it.

KJ
Karen J.

This was a well-focused and thorough review of the issues affecting pregnancy discrimination litigation. I thought it was well-done and found it informative.

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