Massachusetts’ expanded parental leave law, An Act Relative to Parental Leave, goes into effect today. The revised statute makes several significant changes to state law. First, it removes any doubt about whether men are entitled to leave. The amended law is gender neutral: men and women who work for employers…
Articles Posted in Employment Law
Supreme Court: Employers Cannot Exclude Pregnant Women from Broad Accommodation Policies
Eight years ago, Peggy Young lost her medical coverage after she was forced to take an extended leave of absence from her job at UPS, because UPS would not accommodate her pregnancy-related weight-lifting restriction (her doctor limited her to lifting no more than 10-20 pounds during pregnancy). Although UPS accommodated…
The Gender Wage Gap Persists, But There Are Legal Solutions to Pay Inequality
At this year’s Academy Awards, Patricia Arquette used the platform she gained as a Best Supporting Actress winner to speak about pay inequality, saying, “It is our time to have wage equality once and for all and equal rights for women in the United States of America.” Persistent gender discrimination…
Breastfeeding-Related Discrimination Should Be Protected By Law (Even if Men Can Lactate)
Angela Ames resigned from her position at Nationwide Mutual Insurance Company just three hours after she returned from maternity leave. Upon her return, she sought access to the company’s lactation rooms and was informed that she would have to wait three days for permission to use a room. She was…
US DOJ Adds its Interpretation of Title VII to List of Federal Entities Recognizing Protection for Transgender Rights
The United States Justice Department (DOJ) recently announced that it will interpret Title VII of the Civil Rights Act of 1964 as protecting transgender employees from discrimination in the workplace. In a December 15, 2014 memo to U.S. Attorneys, Attorney General Eric Holder stated that he has “determined that the…
Supreme Court: Your Boss Can Waste Your Time Without Paying You
Yesterday, the United States Supreme Court ruled that, under federal law, employees only have to be paid for time spent working or on activities necessary to perform their jobs – even if their employers require them to be there longer. In Integrity Staffing Solutions, Inc. v. Busk, employees of a…
Pregnant Women Are Entitled to Reasonable Accommodations in the Workplace Under the Americans with Disabilities Act
On Wednesday, the Supreme Court heard oral argument in Young v. UPS, a case that examines what protections pregnant workers have under the Pregnancy Discrimination Act (“PDA”). As I explained in detail earlier this week, the issue in Young is whether an employer who accommodates some of its workers by…
Supreme Court Will Decide Scope of Protection for Pregnant Workers in Young v. UPS
When she became pregnant in 2006, Peggy Young’s doctor told her not to lift more than 20 pounds during the early part of her pregnancy, and no more than 10 thereafter. Upon hearing of this restriction, Young’s employer, UPS, refused to let her stay in her job, as she occasionally…
Harvard Business School Study Shows that Subtle Gender Discrimination in Workplace Can Lead to Significant Disparities in Senior Leadership Roles
Researchers at Harvard Business School (HBS) and Hunter College recently issued a report based on their survey of more than 25,000 HBS graduates on issues related to work, family responsibilities, and the gender gap in senior management positions in the workplace. The study concludes that these highly educated and ambitious…
The Federal and Massachusetts Anti-Discrimination Agencies Both Say That Parental Leave Must Be Provided Equally to Men and Women
Just over 36 years ago, on October 31, 1978, the Pregnancy Discrimination Act (“PDA”) was signed into law, extending the protections of Title VII to pregnant women. This summer, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination, explaining how both the PDA/Title VII and the…