Disability and Leave

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Last month, the Equal Employment Opportunity Commission (“EEOC”) issued new Enforcement Guidance (“Guidance”) on pregnancy discrimination in the workplace and related issues.  In its first update in over thirty (30) years, the Commission clarified how Title VII and the Americans with Disabilities Act (“ADA”) interact to protect pregnant employees.  If you are an employer in California, you may be thinking, “Great. Another change in the law and now I am stuck with trying to figure out how these changes apply to my business. Now what do I need to do to make sure the policies and procedures in our handbook are up to date?”

The new guidelines prohibit employers from forcing pregnant workers to take leave and acknowledge that “employers may have to provide light duty for pregnant workers.” After childbirth, lactation is now covered as a pregnancy-related medical condition.

Also, it’s not just women who will benefit.  The guidelines say that when it comes to parental leave, “similarly situated” men and women must be treated on the same terms.

Here are some tips to consider when reviewing and updating your handbooks:Continue Reading It’s Time to Consider Updating Your Pregnancy Disability Leave Policies

In Salas v. Sierra Chemical Co., No. S196568 (Cal. June 26, 2014), the California Supreme Court has ruled that federal immigration law did not preempt California law extending employee protections and remedies “regardless of immigration status,” except to the extent it authorized damages for any period after the employer’s discovery of an employee’s ineligibility…

An employer did not violate the federal Family and Medical Leave Act by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal has ruled. White v. County of Los Angeles, No. B243471 (Cal.…

Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective.   The timing was significant because when the employee was hired in October of 2010, he…

On September 24, 2013, California Governor Jerry Brown signed into law a bill that expands the application of the Family Temporary Disability Insurance program beginning on July 1, 2014. Family Temporary Disability Insurance is also known as Paid Family Leave. Paid Family Leave is a paid benefit provided by California Employment Development Department (“CA EDD”)…