Disability and Pregnancy Leave Policies & Pay Equality: Problematic areas for employers | Lexis ® Practice Advisor #WomensEqualityDay

Posted on 08-27-2015 by
Tags: #WomensEqualityDay , Labor Law , Trending News & Topics , WomensEqualityDay , Employment Law

Handling leave requests is one of the more problematic areas faced by employers because of overlapping federal and state laws related to family and medical leave, leaves for pregnancy-related disabilities and military leave.

Pregnancy and the potential medical complications which may arise are addressed by a number of federal laws. First, as discussed more fully at Family and Medical Leave (Federal/FMLA), a pregnant employee who is suffering from severe morning sickness or needs to attend prenatal doctor appointments, for example, is eligible for leave under the Family and Medical Leave Act (FMLA) due to her own serious health condition. Once the baby is born, the same employee will also be eligible for FMLA leave to care for the child. Second, the Pregnancy Discrimination Act (PDA) 42 U.S.C. § 2000e(k), an amendment to Title VII of the Civil Rights Act of 1964 (“Title VII”), requires that employees who are temporarily and medically disabled by pregnancy, childbirth or related medical conditions be treated the same as employees medically disabled by other non-work-related conditions or injuries. Third, protections under the Americans with Disabilities Act (ADA) may also come into play if severe complications arising from pregnancy cause the employee to become disabled. (Download the Disability and Pregnancy Leave Policies/ADA) by Littler Mendelson, P.C. courtesy of Lexis® Practice Advisor.)

Not only is Disability and Pregnancy Leave a growing topic for employers, pay equality is another topic of growing interest:

  • Pay Equity Audits and Best Practices by Jeffrey M. Landes, Epstein Becker & Green, P.C.
    • Although the Equal Pay Act of 1963 (EPA) has been in effect for fifty years, it recently gained renewed momentum with White House backing and an active task force comprised of the Equal Employment Opportunity Commission (EEOC), the Department of Justice, the Office of Personnel Management, and the Department of Labor. The task force has aggressively pursued employers who have violated the EPA’s requirements, and has already collected approximately $78 million in relief for victims of sex-based wage discrimination.
    • Read on >>

 

 

  • Brief Supporting Defendant’s Motion to Decertify Collective Action (Equal Pay Act)
    • This memorandum of law sought to decertify plaintiffs’ nationwide collective action under section 216(b) of the Fair Labor Standards Act (FLSA). Plaintiffs alleged that Defendant paid its female store managers less than its male store managers, in violation of the Equal Pay Act of 1963,29 U.S.C. § 206(d), which is an amendment to the Fair Labor Standards Act. The court held that the named plaintiffs could not maintain a national collective action, but could maintain a collective action for one of the districts in which they worked. See Collins v. Dollar Tree Stores, Inc.,788 F. Supp. 2d 1328(N.D. Ala. 2011).
    • Read on >>

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