Plaintiffs’ Attorneys – Pregnant@work

Attorneys who represent pregnant women today have a variety of employee-protective laws at their disposal. But they aren’t straightforward. Plaintiffs’ lawyers must master the amendment of the Americans with Disabilities Act, the Supreme Court’s Pregnancy Discrimination Act decision in Young v. UPS, the EEOC’s pregnancy discrimination guidance, and state pregnancy accommodation laws. The resources below can help.

Litigation Trainings On Demand

The Do’s and Don’ts of Litigating Pregnancy and Breastfeeding Accommodation Claims After Young v. UPS

This 2017 webinar, co-hosted by WorkLife Law and National Employment Lawyers Association, gives plaintiffs’ attorneys tools to litigate pregnancy and breastfeeding accommodation claims in the post-Young context. The experts present the types of evidence needed to make out a Young claim, and provide practical tips for discovery, motions practice, and trial.

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Plaintiffs’ Lawyer Teleconference on Pregnancy Accommodation

This teleconference for plaintiffs’ lawyers provides an overview of the main statutory bases for pregnancy accommodation: the Americans with Disabilities Act, the Pregnancy Discrimination Act, and state and local pregnancy accommodation laws. You will learn how to advise pregnant clients who need accommodation and expert tips for litigating failure to accommodate claims.

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ACCOMMODATION IDEAS FOR PREGNANCY

To identify workable ways to accommodate pregnant and postpartum women, click the button below. You may also wish to contact the Job Accommodation Network for a free consultation.

View Typical Pregnancy Accommodations

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Recent Pregnancy Accommodation Cases

Download a digest of recent cases decided under the Pregnancy Discrimination Act and the ADA Amendments Act.

View Summary

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YOUNG V. UPS

View legal analyses of the Supreme Court’s landmark pregnancy accommodation decision in Young v. UPS.

View Legal Analyses

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Issue Spotting Checklist

This checklist identifies common factual scenarios that arise when an employer fails to accommodate a pregnant woman, and flags the various legal claims that can be made under each common fact pattern.

View Checklist

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Pregnancy Lawsuits on the Rise

WorkLife Law’s 2016 report Caregivers in the Workplace shows that pregnancy accommodation cases increased 315% in the last decade, and the number of pregnancy discrimination cases remains high. Lactation accommodation and discrimination cases increased 800%. Click below to download the report and view page 15 for more on pregnancy cases and page 30 for more on lactation cases.

Download Report

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Breastfeeding Discrimination Overview

Read WorkLife Law’s comprehensive report on the prevalence of discrimination against breastfeeding workers.

Read Full Report

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EEOC's Enforcement Guidance

Attorneys who represent pregnant and postpartum women should be familiar with the Equal Employment Opportunity Commission’s Enforcement Guidance on Pregnancy Discrimination and Related Issues, which provides an overview of the federal laws governing pregnancy discrimination and accommodation. Keep in mind, many states and cities have additional protections.

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scholarly review of the Americans with Disabilities Act Amendment Act

For a scholarly review of how the Americans with Disabilities Act Amendment Act expanded ADA protections to cover many pregnant women who need accommodations, read A Cool Sip of Water: Pregnancy Accommodation after the ADA Amendments Act.

Contact Us for Guidance

Attorneys representing employees in pregnancy accommodation or family responsibilities discrimination matters may seek guidance from the experts at WorkLife Law. Send an email to [email protected] or call 415-565-4640.

WorkLife Law also maintains a network of practicing attorneys who would like to receive case referrals and substantive information concerning family responsibilities discrimination and pregnancy accommodation. To apply to join the attorney network, send an email to [email protected].

Contact WorkLife Law