Thursday, August 14, 2014

Anticipatory Pregnancy Discrimination

When they can't even wait until you are actually pregnantly disabled to fire you.  

From Ohio Employer's Law Blog, Beware the "Anticipatory Pregnancy" Claim and More on Anticipatory Pregnancy Discrimination.

In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the employer really won the war.

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What can we learn from this case?

  1. It is okay not to accommodate a pregnant employees’ restrictions, as long as there is no evidence of providing accommodations to other employees with similarly debilitating medical conditions. Given the scope of the definition of “disability” under the ADA, coupled with the ADA’s reasonable accommodation requirements, this might be a high hurdle to overcome, this case notwithstanding. Also, don't forget about the EEOC's recent sweeping Enforcement Guidance on this issue.
  2. If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her. This employer could have saved itself a headache of a lawsuit by waiting five weeks to fire Cadenas. Of course, winning a lawsuit is relative, and if you could made the argument that employer won this case because it limited its potential exposure for economic damages to five weeks' back pay, I would not disagree with you.

http://lawprofessors.typepad.com/gender_law/2014/08/anticipatory-pregnancy-discrimination.html

Equal Employment, Family, Reproductive Rights | Permalink

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