Blog | ERISA and Disability Rights and Benefits | Alabama | The Martin Law Firm, LLC

Our last post discussed whether an employer providing false information caused an actionable claim under state law. An example was provided where it was actionable. However, if federal law applies can a claim arise? 

Many potential clients (PCs) strongly believe that because of pregnancy and adverse action taken against her necessarily means she has a good case. She may well doubt your resolve.  A good checklist can help sift this. So what exactly makes a good pregnancy discrimination case? There are a number of hoops to jump through in order to demonstrate a good case that will survive a motion for summary judgment.  This provide a checklist and starting point in your PC interview. If you have thoughts to add to this by all means please share!

Recent changes in the law relating to pregnancy were tucked away in the $1.7 trillion package recently passed and made law. The Pregnant Workers Fairness Act is in the package. It tracks the Americans with Disabilities Act (ADA) and adds protections for pregnant applicants and employees. This applies to employers with 15 or more employees. It requires reasonable accommodations for known limitations arising out of pregnancy, childbirth, or related medical conditions. It also adds the “interactive process” to assist in determining those accommodations. That “interactive process” means that employers and employees with pregnancy related disabilities, who request accommodations, must work together to come up with accommodations. To invoke the act, the employee must give notice to an employer of 50 or more of non-compliance, and that triggers 10 days to comply. Failure to comply may again open up a claim against the employer.