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Pregnancy Leave: How to Avoid Discrimination Complaints

When is it?

  January 25, 2007 at 02:00PM ET

Pregnancy discrimination claims are skyrocketing. According to the EEOC, pregnancy discrimination complaints have increased by 33 percent, and prelitigation settlements have tripled, from $3.7 million to $12.4 million over the last decade.

While most employers know that they can’t discriminate against a pregnant woman based on her condition, employers clearly are confused about their obligations, leading to mistakes and costly lawsuits. In one case, the California Court of Appeals upheld a $5.2 million jury award to a manager who was fired by Agilent while on maternity leave.

Get the information you need—join IOMA for a full-on examination of the various federal and state laws governing pregnancy discrimination and family leave. Plus, during this 90 minute program, you’ll learn:

  • What every company should know about the Pregnancy Discrimination Act of 1978 and the FMLA
  • Why employers that are subject to the FMLA should not have a “maternity leave policy” (hint: overall leave policies are better!)
  • What you should do—and not do—when an employee tells you she’s pregnant
  • How ADA disability laws apply to pregnancy situations
  • Discrimination pitfalls—women who apply for promotions before going on maternity leave; pregnant job applicants; same-sex parental leave—and how to steer your way legally around them
  • How to address excessive absences for doctors visits or pregnancy-related illnesses
  • What to do if a pregnant employee or new mother refuses to return to a full-time schedule
  • Laying off an employee who is on maternity leave
  • What accommodations (i.e. part-time work or desk duty) must be made and for how long for pregnant employees
  • Do employers have to grant women with high-risk pregnancies more leave time than what is allowed to other disabled employees?

Featured Faculty

Devjani Mishra
Seyfarth Shaw LLP
Ms. Mishra is a senior associate practicing labor and employment law in the New York office of Seyfarth Shaw LLP. She has experience in all aspects of employment litigation, including discrimination, workplace harassment and retaliation claims arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 1981, the Age Discrimination in Employment Act and the Americans with Disabilities Act. She also has litigated numerous discrimination actions arising under the Family and Medical Leave Act and various state and local statutes and common law claims. She regularly counsels clients and gives presentations regarding labor and employment issues.


Purchasing

Order the Recording ONLY.$275.00
   CD

HRCI

Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.


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