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Thread: Supreme Court to hear pregnancy discrimination case

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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by 1750Texan View Post
    They can not accommodate "HER" as they gave her unpaid leave until she gave birth.

    Their actions may help others in that situation in the future. A court ruling would affirm the law and would not allow UPS to ever rescind their current accommodation and revert back to their previous standing...if they so wished.

    She had the right to FMLA, a company doesn't give it. Also, FMLA can be intermittent..meaning someone can work 20 hours a week and take 20 hours of FMLA, etc.

    Also, the company has to adequately prove that an accommodation isn't reasonable under ADA/ADAAA. Reasonable is moving someone to work in another location, having them work their job with restrictions, assistive devices, etc. Not reasonable is building an entire new bathroom just for them, having the company hire someone else to work with them to do lifting only, etc.
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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    I've had to deal a lot with these cases and ADA cases, etc. The Pregnancy Discrimination Act is pretty solid law, however, ADA (or the much less restrictive ADAAA) does not consider pregnancy a disability, unless there are debilitating factors relating to the pregnancy.

    I get all the press releases from the EEOC on cases in my district, some of the cases would make your jaw drop. One sports bar forced a pregnant female employee who had been working there for years to not work on Monday nights, which is the highest night for tips because of football. The bar said something like "no one wants to see a pregnant waitress while they are watching football"

    This should be an interesting case, I was briefed on it and others upcoming by a labor attorney yesterday. Labor law is fascinating.
    thats despicable . . . .

    and i agree i not anywhere near as familiar as you are im sure but i do find it interesting.
    Like the truth behind some places hiring "models" or "actresses" that serve so the can play in the grey areas of hiring and firing on looks . . . interesting loop holes
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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by 1750Texan View Post
    They can not accommodate "HER" as they gave her unpaid leave until she gave birth.

    Their actions may help others in that situation in the future. A court ruling would affirm the law and would not allow UPS to ever rescind their current accommodation and revert back to their previous standing...if they so wished.
    So the supreme court is going to clarify a law. You think a company the size of UPS comes up with arbitrarily rule for just one single case? They probably have a team of lawyer review every policy.
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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    FMLA is unpaid leave, you have 12 weeks of it over a 12 month period (after you have been working for one year). The 60% pay was most likely your Short Term/Long Term Disability coverage. Also, companies can (and should) force employees to concurrently use any PTO hours during their leave first, then the Short term kicks in, then the long term. Also, while on FMLA, the employee still has to pay for their insurance. What is very tough is if someone is on a very long sick leave, and the prospects of them never recovering, how long it too long before you end the work relationship? Case by case basis, not a fun process, but a company cannot have a policy that says "After X amount of time on an unpaid leave, you will be terminated"

    I am SO glad I am not an HR director these days. The sheer amount of laws and regulations that you have to know and be trained on is so massive, and the liabilities are so huge. What I do now is related to HR, but more of a contract compliance nature, getting ready to do a mandatory survey of 60,000 employees for protected veteran status and disability status. Jumping through so many hoops and going over every single word of communication to employees and management to ensure consistency. Nerve wracking.
    you are correct it was the over lap of that and yes we do force the usage of PTO before hand

    and yes it sucked for me when i was on it to come back and have almost my first pay wiped out. I did have the option to spread it out though but i choose not too.
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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    1.)She should have gone to a doctor and gotten some documentation.
    2.)The fact that UPS changed their policy is prima facia proof they did something wrong.
    3.)But trying to prove it was unintentional? Good luck.

    A company I worked at (after I was there) got busted for not explaining how they count FMLA (how much leave over 12 months...rolling or calendar) in the employee handbook. BACHELDER v. AMERICA WEST AIRLINES INC - FindLaw

    I hated doing FMLA, I was a one man HR department at a 150 employee place, so much paperwork and liabilities.
    1.) if you are talking about this case she did according to the article
    2 and 3.) i agree 100%
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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by AGENT J View Post
    thats despicable . . . .

    and i agree i not anywhere near as familiar as you are im sure but i do find it interesting.
    Like the truth behind some places hiring "models" or "actresses" that serve so the can play in the grey areas of hiring and firing on looks . . . interesting loop holes
    You wouldn't believe the one I got yesterday.Swissport Fueling to Pay $250,000 to Settle EEOC Race and National Origin Harassment Lawsuit

    Cases like this make for great training material.

    As for models and actresses...that falls under Bona Fide Occupational Qualifications. If Denzel Washington sued because he was denied the role of JFK, he has no case (unless it is a very odd interpretation film "Bubba Ho-Tep")
    "Those who do not remember the past are condemned to repeat it." George Santayana

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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    She had the right to FMLA, a company doesn't give it. Also, FMLA can be intermittent..meaning someone can work 20 hours a week and take 20 hours of FMLA, etc.

    Also, the company has to adequately prove that an accommodation isn't reasonable under ADA/ADAAA. Reasonable is moving someone to work in another location, having them work their job with restrictions, assistive devices, etc. Not reasonable is building an entire new bathroom just for them, having the company hire someone else to work with them to do lifting only, etc.
    Her request to be given only packages under 20lbs to deliver was unreasonable, which is why she lost the discrimination case twice now.

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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    She had the right to FMLA, a company doesn't give it. Also, FMLA can be intermittent..meaning someone can work 20 hours a week and take 20 hours of FMLA, etc.

    Also, the company has to adequately prove that an accommodation isn't reasonable under ADA/ADAAA. Reasonable is moving someone to work in another location, having them work their job with restrictions, assistive devices, etc. Not reasonable is building an entire new bathroom just for them, having the company hire someone else to work with them to do lifting only, etc.
    Yes, she had the right to use her FMLA, but that is not accommodation from UPS. FMLA is is only 12 weeks...4 months. UPS required she take unpaid leave for 7 months.

    How would that of worked? Either she carry no insurance and be unpaid for 3 months, then claim FMLA for the final 4 months and birth? or vise versa.


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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by 1750Texan View Post
    Yes, she had the right to use her FMLA, but that is not accommodation from UPS. FMLA is is only 12 weeks...4 months. UPS required she take unpaid leave for 7 months.

    How would that of worked? Either she carry no insurance and be unpaid for 3 months, then claim FMLA for the final 4 months and birth? or vise versa.
    where is the 7 months coming from?

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    Re: Supreme Court to hear pregnancy discrimination case

    Quote Originally Posted by beefheart View Post
    You wouldn't believe the one I got yesterday.Swissport Fueling to Pay $250,000 to Settle EEOC Race and National Origin Harassment Lawsuit

    Cases like this make for great training material.

    As for models and actresses...that falls under Bona Fide Occupational Qualifications. If Denzel Washington sued because he was denied the role of JFK, he has no case (unless it is a very odd interpretation film "Bubba Ho-Tep")
    lol
    I believe (i could be wrong) that the company tilted skirt does this so they arent hiring "waitresses" and have more wiggle room on hiring/firing based on looks
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