FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

8 Helpful Tips On What Not To Say (Or Do) To A Pregnant Employee

My latest post in Above The Law is entitled “8 Helpful Tips On What Not To Say (Or Do) To A Pregnant Employee.” “Do not to get pregnant, you have too many children, and the next person to get pregnant should stay home and consider herself fired!” OK, that’s Helpful Hint #1! This is actually what…
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Job “Too Demanding” For Pregnant Employee, So She’s Demoted And Fired

We ‘ve said it a lot: “The day is over when an employer could force a pregnant woman out of her job because of stereo­typical, unsupported beliefs about her abilities. A company cannot take it upon itself to remove an employee from her job because it suspects her pregnancy or a pregnancy-related medical condition may…
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Settlement Of Another Pregnancy Discrimination Case

The EEOC just settled a pregnancy discrimination lawsuit against a Minnesota-based gym company in Maryland for $86,000. The claim? It was alleged that a pregnant woman applied for a job at the company and after two job interviews (presumably not in person), she emailed her work availability and said that she was 35 weeks pregnant. …
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Employers Cannot Play “Father Knows Best” To Pregnant Employees

It may seem that’s where we’re heading, but its no longer the ‘fifties.  Paternalism is a no-no when it comes to pregnant employees. We’ve said it before – it is against the law to discriminate – to fire – pregnant employees “for their own good.” One more employer has learned that lesson and is $55,000…
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You Have Too Many Children: If You Get Pregnant You’re Fired!

Yes, this is exactly what a California wholesale distributer of orchids told female employees at staff meetings, according to a new EEOC lawsuit. And more. The employees were also told “not to get pregnant, that they have too many children, and the next person to get pregnant should stay home and consider herself fired.” And,…
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Pregnant? We Are Placing You On Unpaid Leave For Your Own Good

I’ve posted a lot about pregnancy discrimination under Title VII, which forbids employers from, among other things, discriminating against pregnant employees purporting to use concerns about their health or safety.  The Pregnancy Disability Act (“PDA”) of Title VII is often invoked by pregnant employees who are fired because the employer feels that she should not be working –…
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Do Not Take Vacations: The EEOC Is Watching And Waiting

I’ve been on vacation for only a week – and boy, has the EEOC been busy! Four new lawsuits worth discussing:  racial harassment (with that old, ubiquitous N-word being used); pregnancy discrimination; violation of the ADA involving someone with diabetes; and national origin discrimination. The EEOC sued an oilfield services company in Texas for alleged “widespread…
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Paternalism And Pregnant Employees: A Bad Idea

Pregnancy discrimination in employment is against the law.  This is true even if an employer claims to have the best interests of the employee in mind. This is, in fact, the classic example of paternalism – and employers must resist that notion.  It is illegal. To underscore this, the EEOC just sued a Florida corporation…
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I’m A F….ing Idiot To Let A Pregnant Girl Work Behind The Bar

Myth, fears and outdated paternalistic notions about pregnancy still top the charts for scrutiny by the EEOC. I have often cited the EEOC’s six national priorities set forth in its Strategic Enforcement Plan (“SEP”).   One such priority is “to address emerging and developing issues … including issues involving the ADA and pregnancy-related limitations.” In this regard,…
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New: NYC Enforcement Guidance on Pregnancy Discrimination

The New York City Commission on Human Rights just announced the publication of its “Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy: Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22),” which is a must-read for NYC employers. It sets out what is considered pregnancy discrimination under NYC law – which is must…
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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

Amy Gluck Fisher Broyles