Articles Tagged with pregnancy discrimination attorney

In weighing a case of alleged pregnancy discrimination, the U.S. Supreme Court issued an important ruling in favor of pregnant workers. In a 6-3 ruling, the court ruled the former United Parcel Service Worker should get another chance to show her employer was wrong to force her on unpaid leave, rather than give her a lighter duty assignment as her doctor recommended. pregnancy2

That decision reversed earlier findings by lower courts which determined UPS wasn’t in violation of the federal Pregnancy Discrimination Act because light-duty work was expressly offered to only other types of workers: Those who lost their commercial vehicle driver’s license, those with a condition covered under the Americans With Disabilities Act and those who suffered a job-related injury.

The Pregnancy Discrimination Act, passed in 1978, clarified that gender discrimination included discrimination on the basis of pregnancy, childbirth and/or other related medical conditions. The law also instructs companies to treat pregnant workers the same as others who are similar in their ability or inability to work.

The Chicago Public School System recently came under fire after it was alleged a number of teachers were fired on the basis of their pregnancies. A federal discrimination lawsuit has been filed. SONY DSC

The district staunchly denies this assertion, insisting the teachers were let go as a result of performance ratings, and that lay-off determinations were consistent with the necessity of business. The district further asserts the lawsuit has no merit because there is no pattern of discrimination when all employment decisions stemmed from non-discriminatory, legitimate reasons.

However, the U.S. government asserts otherwise, noting that in the course of three years, the district took adverse employment action against eight teachers who were either pregnant or who had just returned to work after pregnancy. The disparate treatment those individuals suffered included poor performance evaluations, where previously their records had been stellar.

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