Retail Employers Need To Know Pregnancy Accommodations

Law360, New York (August 1, 2014, 11:23 AM EDT) -- Retail employers struggle to avoid pregnancy discrimination and accommodation claims because the law on this issue appears to be ever-changing. Indeed, just recently the U.S. Supreme Court agreed to hear Young v. United Parcel Service Inc. to determine whether the federal Pregnancy Discrimination Act requires an employer providing accommodations to nonpregnant employees must provide those accommodations to pregnant employees with similar restrictions. Plus, the U.S. Equal Employment Opportunity Commission recently published guidance addressing the treatment of pregnancy under Title VII. Most significantly, the guidance adopted a novel position that under the language of the federal pregnancy law, all pregnant workers are, as a practical matter, entitled to a "reasonable accommodation" as understood by the Americans with Disabilities Act. This position has never been adopted by any circuit court. It is clear that these unsettled issues surrounding pregnancy discrimination and accommodation claims continue to pose challenges for employers....

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