Hoeppner Wagner & Evans LLP

August 2014 Archives

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination Under The PDA and ADA: Employers Should Expect Heightened Enforcement

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued enforcement guidance on pregnancy discrimination and related matters. It is the first comprehensive update of the EEOC's guidance on the subject of discrimination against pregnant workers in more than thirty (30) years. In addition to addressing the requirements of the Pregnancy Discrimination Act ("PDA"), the guidance addresses the application of the Americans with Disabilities Act ("ADA") as amended in 2008, to individuals who have pregnancy-related disabilities. As a result of the new guidance, employers can expect heightened enforcement efforts in the area of pregnancy discrimination and related issues. 

7th Circuit Provides Leeway to Employee Who Did Not Provide a Return to Work Date While Out on FMLA Leave

sbyers.jpgIn Gienapp v. Harbor Crest, Case No. 14-1053 (7th Cir. June 24, 2014), the 7th Circuit ruled that an employee who did not give a definite return to work date when she took time to care for her daughter who was diagnosed with thyroid cancer was protected under the FMLA and should not have lost her job for failing to do so. The Family and Medical Leave Act, 29 U.S.C. ยง 2601 et. seq., provides up to 12 weeks of leave annually to care for children with serious health conditions. This ruling will have implications for employers, supervisors, HR personnel and others who administer FMLA leave.

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