December 19, 2016

Pregnant Workers Should Know Their Rights

When New York City’s Pregnant Workers Fairness Act went into affect in early 2014, its aim was to provide employees with reasonable accommodations for pregnancy, childbirth, or related medical conditions, as long as the accommodation allows the employee to perform the essential functions of the job. But, as a recent New York Times article highlights, some women still face pregnancy discrimination at work. The article focuses on the story of Angelica Valencia, a 39-year old woman who was three months pregnant and working at a potato packing plant in the Bronx. Because of a high risk pregnancy, her doctor told her that she could not work more than 8 hours a day. But, when Valencia gave her employer a doctor’s note indicating that she could not work overtime, her employer was unable to provide an accommodation, and she was ultimately forced out of her job.

Like many women in low-paying jobs, Valencia did not know about her rights under the New York City’s Pregnant Workers Fairness Act. In an effort to educate individuals about this law, officials from the New York City Commission on Human Rights and women’s rights advocates have been speaking to business groups, doctors, nurses, and union representatives to ensure that women know about their rights and that employers know their obligations under the law. In fact, the law specifies that employees must be informed in writing of their rights under the statute. For more information regarding New York City’s Pregnant Workers Fairness Act, you can speak to an experienced labor and employment attorney at Berke-Weiss Law PLLC.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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