The Equal Employment Opportunity Commission (EEOC) filed a pregnancy discrimination lawsuit against a national elderly-care organization alleging it violated federal law when it denied light duty reassignment to a pregnant Certified Nursing Assistant. The company, that had previously provided light duty accommodations to employees injured on the job, placed the pregnant employee on involuntary unpaid leave and told her to reapply when she was cleared for unrestricted duty. The EEOC argues the actions effectively amount to unlawful firing.

In this article, Attorney Jessica Farrelly explains why employers should educate and train their management personnel about employers' obligations under federal and state laws prohibiting pregnancy discrimination. Not only is it unlawful to fail to consider a female job candidate or employee's suitability for a position based on her actual pregnancy or potential to become pregnant, but employers must also be attuned to their accommodation obligations under the Americans with Disabilities Act (ADA) as well.

If you have any questions or would like guidance or training regarding sex and/or pregnancy discrimination issues, or other general employment law matters, contact our Employment Law Practice Group:
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