Category Archives: Pregnant Employees

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

Pregnant workers in Massachusetts will soon benefit from broader protection against discrimination under the recently enacted Massachusetts Pregnant Workers Fairness Act (“MPWFA”).  This new law, which applies to all employers with six or more employees, updates and expands upon existing state anti-discrimination statutes and makes it an unlawful practice to discriminate against a pregnant employee or an employee affected by a condition related to pregnancy.  The most notable change is that employers will now be required to provide reasonable accommodations for pregnancy and related conditions, including lactation and the need to express breast milk, unless the employer can prove that …

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Pregnant Dancers are Sexy and They Know It

In considering a motion for summary judgment that may have been written just so I could write about it, in Berry v. The Great American Dream, Inc. (No. 13-CV-3297-TWT), the Northern District of Georgia decided – once and for all – that pregnant women can be sexy. Now, you might be thinking – what circumstances could possibly have caused a court to consider that question and come to that conclusion? In comes The Great American Dream, Inc. d/b/a PinUps.  (Yes, another stripper case.) Two months after she became pregnant, Pin Ups terminated one of its dancers who left work early …

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Maryland General Assembly Mandates “Light Duty” for Pregnant Disabled Women

Earlier this month, Maryland Governor Martin O’Malley signed legislation providing that, effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with light duty or similar accommodations that go beyond the requirements of the Americans with Disabilities Act (“ADA”) and the Pregnancy Discrimination Act (“PDA”). The law was passed in reaction to Young v. United Parcel Service, Inc., where the court held that employers are not required, under either the ADA or PDA, to provide pregnant employees with light duty assignments as long as the employer treats them equally with non-pregnant employees. There, the …

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