Delaware, Ahead of the (Pregnancy) Curves

By Lauren E.M. Russell

In Young v. United Parcel Service, Inc., the Supreme Court interpreted the language of the federal Pregnancy Discrimination Act, which requires that employers treat pregnant employees in the same manner as other individuals who are similarly limited in their abilities. Among the Court’s conclusions is that a policy that provides job-related accommodations to those who are injured on the job and those who have disabilities governed by the Americans with Disabilities Act may also have to be extended to pregnant employees with physical restrictions. The decision opens a lot of questions, but Delaware employers may have a leg up in compliance! Continue reading

Does Federal Law Prohibit Lactation Retaliation?

I recently saw an article in the ABA Journal about a mom who allegedly was fired for wanting to breastfeed at work. The federal judge in the Southern District of Texas concluded in that case that lactation is not “pregnancy, childbirth, or related medical condition” under Title VII, and therefore discrimination on that basis does not constitute sex discrimination. While I strongly disagree with that conclusion, she is not the first judge to draw this conclusion. Continue reading

IRS Announces Breast Pumps Now Deductible

Reversing a long-held position, the IRS announced yesterday that breast pumps and other lactation supplies are now deductible.  Employees can now use pre-tax funds from their flexible spending accounts and health savings accounts for these supplies. The ruling is effective immediately and can be used on 2010 returns. Continue reading

Let it Rain: Isotoner Decision on Breastfeeding at Work Brings a Downpour of Criticism

On August 27, the Ohio Supreme Court Court issued its opinion in Allen v. Totes/Isotoner Corp.  In its two-page opinion, the majority said that the employee was fired for not following company policy on breaks, period. End of story, plain and simple. Apparently not so, judging on the uproar this decision has created in the blogosphere: Continue reading

Supreme Court Issues Pregnancy Discrimination Decision in AT&T v. Hulteen

6aPregnancy discrimination took center stage at the country’s highest court earlier this week, when the U.S. Supreme Court issued its decision in AT&T v. Hulteen.   (See my previous post about the case when the Supreme Court first granted certiorari last summer).   On May 19, 2009, the Court reversed the Ninth Circuit’s decision and held that AT&T did not violate the Pregnancy Discrimination Act of 1978 (PDA) by calculating the accrual of pension benefits in a way that gives less retirement credit to employees who took pregnancy leave before enactment of the PDA than to employees who took other kinds of medical leave. Continue reading

Laid Off and Pregnant

stick_people_familyThe Wall Street Journal recently posted an entry on its blog “The Juggle,” entitled Laid Off . . . And Pregnant,” describing the position of tens of thousands of pregnant women laid off in the current economy. As noted by the article, pregnant women are just as subject to any one else to being laid off for economic reasons, as long as they are not specifically targeted based on their pregnancy or assumptions about their future commitment to the job as new mothers. Continue reading

Work-Life Balance Issues At Risk in the New Economy?

clip_image002_3Work-life issues have taken center stage in the first month of the country’s new administration. President Obama’s campaign platform included a specific “Plan to Support Working Families and Women,” and just a few weeks ago Michelle Obama appointed Jocelyn Frye, general counsel of the National Partnership for Woman and Families, as her Policy Director. Continue reading