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Supreme Court Pregnancy Case


Amber Elias was quoted on NECN Business on December 4, 2014. The segment, “Supreme Court Pregnancy Case” discussed Mrs. Young's pregnancy discrimination case and examined if federal law requires an employer on jobs that include heavy lifting to temporarily give light duty to women workers who are pregnant or if those women can be forced to quit essentially.

Amber was quoted on how the outcome of Mrs. Young’s case will impact employers and female workers in the near future.

Amber said, “If this case comes out in favor of Mrs. Young, this could create a broad accommodation requirement for employers. Employers would have to look at any benefit they offer to any of their employees and make that available to their pregnant employees. That is not required under the current law, so that would be a very big change for employers.”

“There’s nothing in place right now that would suggest that pregnant women are entitled to take 9 months off. The question in this case is whether policies that are put in place that allow certain classes of employees to have restricted duty and certain other classes of employees not to have restricted duty. If those policies do not explicitly reference pregnancy are they discrimination? And there are already laws in place that protect women who have some sort of complication with their pregnancy. That would be protected under the Americans with Disabilities act. The question is, if you have a healthy pregnant women who has some sort of restriction is she entitled to any accommodation that might be offered to any other employee. That's what the court is deciding in this case.”

To watch the full segment, click here.

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