Posts Tagged ‘pregnancy discrimination’

Labor and employment roundup

  • Jury convicts Ironworkers Local 401 boss in union violence case [Philadelphia Inquirer, CBS Philly, earlier here, etc. on Quaker meetinghouse arson and other crimes] Pennsylvania lawmaker proposes to end unions’ exemption from laws defining crimes of harassment, stalking, threatening [York Dispatch; more on exemption of unions from these laws]
  • Emergent regime under federal law: if you’ve ever offered light duty to a disabled worker or returning injured worker, you’d better offer it to pregnant worker too [Jon Hyman]
  • Everything you know about company towns is wrong [Alex Tabarrok]
  • “The EEOC issues you’ll want to keep an eye on in 2015” [Littler Mendelson via Tim Gould, HR Morning]
  • Sued if you do: employers struggle to navigate between government rules encouraging, penalizing hiring of applicants with criminal records [WSJ, paywall] “Watch Your Back: The Growing Threat of FCRA Background Check Class Actions” [Gregory Snell, Foley & Lardner]
  • “Nearly 30 Percent of Workers in the U.S. Need a License to Perform Their Job: It Is Time to Examine Occupational Licensing Practices” [Melissa S. Kearney, Brad Hershbein and David Boddy, Brookings via John Cochrane]
  • “The Effect of Mandatory Sick Leave Policies: Reviewing the Evidence” [Max Nelsen] “Popularity of Obama’s paid sick leave proposal depends on workers not realizing it ultimately comes out of their paychecks.” [James Sherk]

Expand pregnancy-bias law to include accommodation rights?

Young v. United Parcel Service, in the Supreme Court, which has been built up as a cause celebre, turns on whether the courts should feel free to re-interpret a 1978 federal law, the Pregnancy Discrimination Act, so as to include evolving ideas of a right to accommodation akin to the ADA. The alternative position is that if such a right to accommodation is now thought to be a good idea, advocates should get Congress to enact it into law explicitly. [Lyle Denniston and related SCOTUSBlog, USA Today, Bloomberg/Pittsburgh Post-Gazette with auto-play, The Economist]

Three more courtroom defeats for EEOC

The federal Equal Employment Opportunity Commission (EEOC) is used to getting its way since most employers would rather settle rather than face the expense and publicity risk of litigating against it. But sometimes, as I note in my new post at Cato, judges get a close look at just how weak the commission’s position is. And then…

More from Bob in comments: “Here’s the problem… major employers have made changes to their severance agreements to comport with the EEOC’s position in CVS. They EEOC has lost the case and still gotten the change they wanted. That’s all they care about. Much like the new Pregnancy Discrimination Act guidance which turns prior guidance and case law on its head. Major employers have already reacted in order to avoid costly litigation though the chances of a neutral court agreeing with the guidance are pretty low.”

EEOC roundup

  • “U.S. Chamber of Commerce challenges EEOC over its ‘unreasonable’ enforcement tactics” [Jon Hyman, more on House oversight hearing, earlier on court rebuffs to agency and more]
  • On summary judgment: “EEOC case alleging ADA violations against Womble Carlyle nixed by federal judge” [ABA Journal]
  • By 3-2 commissioner vote, EEOC adopts detailed, restrictive new guidance on pregnancy discrimination [Eric Meyer, Hyman]
  • Commission thinks its investigation, mediation and other pre-litigation procedures should be immune from court oversight and public transparency [Merrily Archer]
  • Survey: “Are Employers Adapting to EEOC Guidance on Employment Background Checks?” [Nick Fishman, Employee Screen, related earlier]
  • Commission sues Wisconsin Plastics, Inc. for terminating employees with low-rated English skills as part of English on the job policy [Scott Greenfield, EEOC, my two cents way back]
  • “Is the EEOC the new NLRB?” [John Holmquist, Michigan Employment Law Connection]

Labor and employment roundup

Discrimination law roundup

  • In DC today? I’ll be commenting at Cato on new Russell Nieli book on affirmative action [details]
  • EEOC continues to pressure employers over use of criminal background checks in hiring process [Hans Bader, Daniel Schwartz, Jon Hyman, earlier]
  • Bill in Congress would require employers to make ADA-like accommodation for pregnancy/childbirth [Hyman]
  • “Religious freedom and the nondiscrimination norm” [Rick Garnett, Prawfs] What is supposed to make discrimination so tempting, anyway? [Bryan Caplan, EconLib]
  • Lawsuit alleges that group car rental discount for members of gay group constitutes unlawful discrimination against straights [Volokh]
  • Complainants argue in Strasbourg that UK failure to more fully accommodate Christians violates Euro human rights law [Telegraph]
  • Push for ADA coverage of obesity raises controversy [Christina Wilkie, HuffPo]

July 8 roundup