Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Pregnancy Discrimination Act’

Lost pregnancies at a Verizon warehouse show the urgent need for a Pregnant Workers Fairness Act

Tuesday, October 23rd, 2018

In a Tennessee warehouse supplying Verizon customers with their phones and tablets, pregnant women are routinely worked to the point of losing their pregnancies, lifting boxes up to 45 pounds through long shifts in heat that can reach more than 100 degrees. And there is no law that says their employer can’t do this to them. Sure, there’s the Pregnancy Discrimination Act, but even when it’s enforced, it has loopholes you can drive a 747 through. 

If companies “treat their nonpregnant employees terribly, they have every right to treat their pregnant employees terribly as well,” said Representative Jerrold Nadler, Democrat of New York, who has pushed for stronger federal protections for expecting mothers.

That’s why Democrats keep introducing the Pregnant Workers Fairness Act, to strengthen protections for pregnant women. But Republicans won’t consider it, not that this stops them from proclaiming themselves to be protectors of family values.

Early miscarriages are very common and are typically associated with chromosomal abnormalities rather than anything a woman in early pregnancy might do. But that’s not what the New York Times is reporting on here. Several of the cases cited in this article involved later pregnancy loss, well into the second trimester when miscarriages are much less common, and even into stillbirth territory. One of the women interviewed for the story delivered a baby at 20 weeks that lived for 10 minutes. “My husband and I watched her die,” she said. This is much, much less common, and when it comes after a woman has worked for hours lifting heavy boxes, against her doctor’s advice and after her employer has refused to give her light duty, it should be a crime. That’s not all, either. After a worker in the same warehouse died on the job, “In Facebook posts at the time and in recent interviews, employees said supervisors told them to keep working as the woman lay dead.”

Verizon said “We have no tolerance—zero tolerance—for this sort of alleged behavior,” except, apparently, to the extent that it has been tolerating the behavior right up until a newspaper started reporting on it. The company says it is investigating the workers’ claims.

This blog was originally published at Daily Kos on October 23, 2018. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at Daily Kos.

Court Says Lactation Is Related to Pregnancy, Refrains From Saying, "Duh"

Tuesday, October 1st, 2013

Donna photo redwrote about a really stupid case out of Texas where a federal court said that “lactation is not pregnancy, childbirth, or a related medical condition,” and thus decided that “firing someone because of lactation or breast-pumping is not sex discrimination.”  I was irked, to say the least. Lactation not related to pregnancy and childbirth? Really?

Well, the 5th Circuit Court of Appeals which, to its credit, refrained from saying, “Well, duh,” has unanimously ruled that lactation is, indeed, related to pregnancy and is therefore covered by Title VII. EEOC reports this about the decision: “The Fifth Circuit noted the biological fact that lactation is a physiological condition distinct to women who have undergone a pregnancy.  Accordingly, under Title VII and the Pregnancy Discrimination Act, firing a woman because she is lactating or expressing milk is unlawful sex discrimination, since men as a matter of biology could not be fired for such a reason. The case was remanded back to the lower court for a trial on the merits.”

Personally,  I think the 5th Circuit should be applauded, not only for its common sense, but for the fact that it did not openly mock the lower court’s ruling. I wouldn’t have had that much self-control.

I should also point out that almost all employers are required to provide nursing mothers with break time to pump breast milk, along with a private space that isn’t the restroom to do so.The Fair Labor Standards Act requires this, so employers who fire moms for lactating may also run afoul of this law, even if they aren’t large enough to be covered by Title VII.

I rarely get to say this, so: Hooray for common sense in the courts!

This article was originally posted on Screw You Guys, I’m Going Home on September 27, 2013.  Reprinted with permission.

About the Author: Donna Ballman‘s new book, Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards, was recently named the Winner of the Law Category of the 2012 USA Best Books Awards and is currently available for purchase. She is the award-winning author of The Writer’s Guide to the Courtroom: Let’s Quill All the Lawyers, a book geared toward informing novelists and screenwriters about the ins and outs of the civil justice system. She’s been practicing employment law, including negotiating severance agreements and litigating discrimination, sexual harassment, noncompete agreements, and employment law issues in Florida since 1986. Her blog on employee-side employment law issues, Screw You Guys, I’m Going Home, was named one of the 2011 and 2012 ABA Blawg 100 best legal blogs and the 2011 Lexis/Nexis Top 25 Labor and Employment Law Blogs.

She has written for AOL Jobs and The Huffington Post on employment law issues, and has been an invited guest blogger for Monster.com and Ask A Manager. She has over 6000 followers on Twitter as @EmployeeAtty. She has taught continuing legal education classes for lawyers and accountants through organizations such as the National Employment Lawyers Association, Sterling Education Services, Lorman Education Services, Alison Seminars, the Florida Association for Women Lawyers, and community organizations.  Ms. Ballman has published articles on employment law topics such as severance, non-compete agreements, discrimination, sexual harassment, and avoiding litigation. She’s been interviewed by MSNBC, Forbes, the Wall Street Journal, Lifetime Television Network, the Daily Business Review, and many other media outlets on employment law issues. She was featured on the Forbes Channel’s “America’s Most Influential Women” program on the topic of severance negotiations and non-compete agreements.

For Mother’s Day, Let’s End Pregnancy Discrimination

Friday, May 8th, 2009

Forget the fancy brunches, chocolates and flowers for a moment. Mother’s Day is the perfect time to call attention to a persistent workplace issue: pregnancy discrimination.

In this country, anchored by adoration for Mom and apple pie, it’s almost unfathomable that discrimination against expectant mothers even exists. It is illegal under federal and state laws to discriminate against a working woman because she’s pregnant or has just given birth. Still, of the various types of workplace discrimination, the U.S. Equal Employment Opportunity Commission reports the largest rate of increase is in pregnancy discrimination charges.

While you’re out perusing the Mother’s Day cards, consider this: The number of pregnancy discrimination charges received by the EEOC increased from 3,387 cases in 1992 to 5,587 cases in 2007 – a jump of 65 percent. According to figures released in March, the EEOC received a record 6,285 complaints of pregnancy discrimination in 2008 and officials say they expect pregnancy complaints to rise even more sharply this year.

Why the dramatic increase? Women have a better understanding of their rights and are more willing to assert them. But there’s something else: It’s the economy. In tough times, complaints of discrimination always increase. This time around, pregnant workers are among those who appear to be taking the hit. But tough times also mean working women are less inclined to just walk away from discriminatory treatment – especially when finding another job isn’t such an easy thing to do.

Their stories are disturbing; even more so around the second Sunday in May.

Kelly worked part-time for a big-box retailer. When she was six months pregnant with her second child, she was told all part-time workers would have their hours reduced. Later, she learned that the other part-timers, both men, had maintained their hours. She filed a complaint with her HR office. She’s now seeking advice from an attorney.

Angelika had excellent performance reviews at the pharmaceutical company where she worked – until she announced she was pregnant. Suddenly, she began receiving sub-par evaluations. One hour after returning to work from maternity leave, she was told that she had been removed from all projects and her direct reports had been re-assigned to others. She was given a choice: enter a performance improvement plan or take a buy-out. She filed a state civil rights complaint. It’s been nearly a year. Her case is unresolved.

Thirty years after the Pregnancy Discrimination Act of 1978 was signed into law, too many women still face workplace jeopardy. PDA says that an employer cannot refuse to hire a woman because she’s pregnant, cannot fire her because she’s pregnant, and cannot demote her or dock her pay because she’s pregnant. Even asking a woman about her child-rearing plans is illegal if an employer does not do the same for male job applicants or employees.

Last month, responding to the dilemmas pregnant workers, new Moms and other caregivers face, the EEOC released employer best practice guidelines. The agency urged employers to adopt policies that could help them avoid discrimination complaints and see increased benefits to the business bottom line – regardless of the economic climate. The EEOC guidelines encourage employers to recognize that workers with care-giving responsibilities need family-flexible workplace policies.

Paid sick days and paid family leave are critical so workers can care for themselves and their families without losing their pay or their jobs. The U.S. is one of only six countries in the world that doesn’t require paid sick days or family leave. While the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for the arrival of a new child or the serious illness of a spouse or parent, it only covers large employers and many workers cannot afford to take it.  Nearly 57 million American workers lack even a single paid sick day to care for themselves, and 100 million don’t have a paid sick day to care for a sick child.

Employers must also establish policies that increase workplace flexibility. Inexpensive solutions like accommodating unique family situations by allowing workers to set their starting and ending hours or decide when they take breaks or lunch periods, can make a huge difference for families and have been shown to positively affect worker productivity, as well.

Here’s some advice for workers who are pregnant, just had a child, or feel they may be discriminated against on the job because of their care-giving responsibilities: Know your rights! Document everything and keep a copy of your notes at home. If you belong to a union, talk to your steward. Or, seek help from your HR office. If you suspect discrimination, file a complaint. And speak out to support company and public policies that establish family-flexible workplace standards.

Government must protect workers with family responsibilities from illegal treatment and unfair job loss. But if we’re really sincere about showing Mom our gratitude, let’s get serious about supporting working mothers and mothers-to-be – not just on Mother’s Day, but every day, with workplace policies that provide the real economic security they need.

About the Author: Linda Meric is Executive Director of 9to5, National Association of Women, which helps strengthen women’s ability to achieve economic justice. 9to5 has staffed offices in Wisconsin, Colorado, California and Georgia and activists in cities across the country.

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