PREGNANCY ACCOMMODATION MANUAL - LINKEDLAW
LinkedLaw Deskbook
ITEM #:  60090300   |   PUBLISHED:  MAY 22, 2017
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Pregnancy Accommodation and Non-Discrimination Handbook, 1st Edition

Edited by Marilyn Clark, Jenny Gassman-Pines & Steven Andrew Smith

The Pregnancy Accommodation and Non-Discrimination Handbook, written and edited by leading attorneys in this area of employment law, is a practical guide to complying with legal obligations at all stages. The Handbook provides a comprehensive overview of a wide range of issues that employers may encounter, including:

  • Legal Framework
  • Pre-Hiring and Pre-Employment Stage: Failure to Hire
  • Before Employees Become Pregnant: Judgments Based on Employee Choices Related to Family Planning
  • During Employee Pregnancy: Failure to Accommodate
  • After the Baby Arrives: Leave Mistakes, Discrimination or Retaliation Upon Return, Failure to Accommodate Breastfeeding
  • Investigation Mistakes
  • Special Labor Law Considerations
  • Special Considerations for Public Sector Workplaces
  • Plaintiff and Defense Attorney Practice Pointers for Pregnancy-Related Litigation
  • Local and State Law Regarding Pregnancy Discrimination and Accommodation in Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota
  • And much more!

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CHAPTER 1
Legal Framework
Introduction; Federal Laws; State Laws and Local Ordinances; Conclusion
– Marilyn J. Clark

CHAPTER 2
At the Pre-Employment Stage: Failure to Hire Pregnant Applicants
Introduction; Case Examples; Conclusion
– Marilyn J. Clark

CHAPTER 3
Before Employees Become Pregnant: Moral or "Practical" Judgments Based on Employee Choices Related to Family Planning
Introduction; Inquiries About Intent to Have Children; Surgical Impregnation Procedures; Contraceptive Use and Abortion
– Jenny Gassman-Pines

CHAPTER 4
During Employee Pregnancy: Paternalistic Decisions, Misplaced BFOQ Reliance, and Failure to Accommodate
Introduction; Accommodating Pregnancy; Paternalistic Decisions Based on Employer “Concerns” for the Safety of a Pregnant Employee or Her Fetus; Inappropriate Comments; Reliance on the Bona Fide Occupational Qualification Defense
– Jenny Gassman-Pines

CHAPTER 5
After the Baby Arrives: Leave Mistakes, Discrimination or Retaliation Upon Return, Failure to Accommodate Breastfeeding
Introduction; Interfering with or Retaliating for Maternity Leave; Refusing to Allow Paternity/Spousal Leave; Discriminating Based on an Employee’s Decision to Have a Family (AKA “Sex-Plus” Discrimination); Refusing to Accommodate Breastfeeding in the Workplace; Refusing to Tolerate Multiple Pregnancies
– Steven Andrew Smith

CHAPTER 6
At Every Stage – Investigation Mistakes
Introduction; Walsh v. National Computer Systems
– Steven Andrew Smith

APPENDIX 1
Special Labor Law Considerations
Introduction; The Duty to Bargain; Other potential NLRA Issues for All Workplaces (Union and Non-Union); Conclusion
– Michael J. Moberg & Jessica M. Marsh

APPENDIX 2
Special Considerations for Public Sector Workplaces
Introduction; Information/Data Management; Unique Accommodation Issues in Public Sector Jobs; Model employee request for reasonable accommodation; Reasonable Accommodation Request: Health Care Provider’s Certification Form
– Patricia Y. Beety

APPENDIX 3
Plaintiff and Defense Perspectives and Practice Pointers for Litigating Pregnancy Discrimination Claims
Introduction; Pre-Suit Considerations; Pleadings; Written Discovery; Depositions; Motion Practice – Potential Defenses and Rebutting a Claim; Settlement; Trial; Sample Reasonable Accommodation Request Form for Employers; Sample Questions for use During client Intake by Plaintiff’s Attorney to Uncover a Variety of Types of Discrimination; Pregnancy-Related Statutes: Comparison Chart
– Kaarin Nelson Schaffer, Emily A. McNee & Stephanie D. Sarantopoulos

APPENDIX 4
Local and State Laws Regarding Pregnancy Discrimination and Accommodation in Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota
– V. John Ella

Table of Authorities

  • Model Employee Request for Reasonable Accommodation (Appendix 2)
  • Reasonable Accommodation Request: Health Care Provider’s Certification Form (Appendix 2)
  • Sample Reasonable Accommodation Request Form for Employers (Appendix 3)
  • Sample Questions for Use During Client Intake by Plaintiff’s Attorney to Uncover a Variety of Types of Discrimination (Appendix 3)
  • Pregnancy-Related Statutes: Comparison Chart (Appendix 3)

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