Media Mention
07/19/06 -
EEOC Counsel, Practitioners Provide Tips on Emerging Pregnancy Issues
Authors: Alan M. Koral
The rate of pregnancy bias charges filed with the EEOC is up 33 percent since 1982.
Panelists included Elizabeth Grossman, acting regional attorney of the New York EEOC; Alan Koral of Vedder Price and Pearl Zuchlewski of Kraus & Zuchlewski.
The panelists noted that the right to be free from workplace discrimination based on pregnancy often intersects with rights provided under other federal and state laws. Chief among these are the Family and Medical Leave Act and the Americans With Disability Act.
With respect to post-pregnancy issues, Mr. Koral said: "the courts have wrestled in various ways" with whether workplace issues arising after childbirth fall under the protections of the Pregnancy Disability Act (PDA). Early on they realized that the intention of Congress in this area was "very expansive." In 2005, the U.S. Court of Appeals for the Sixth Circuit wrote that a woman does not have to have been pregnant at the time of the alleged discrimination to state a viable PDA claim.
For a full report see: BNA Employment Discrimination Report (July 19, 2006), p. 89.
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