Download or read book Pregnancy Discrimination and the Supreme Court written by Dale Pittman and published by . This book was released on 2016-11-13 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employers refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPSs actions violated the Pregnancy Discrimination Act (PDA). In a highly anticipated ruling, the Justices fashioned a new test for determining when an employers refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the Court sent the case back to the lower court for reconsideration in light of these new standards. This book begins with a discussion of the facts in the Young case, followed by an overview of the PDA. The book then provides an analysis of the Young case, its implications, and a potential legislative response. Furthermore, the book focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.
Download or read book Pregnancy Discrimination and the American Worker written by Michelle D. Deardorff and published by Springer. This book was released on 2016-04-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the federal courts have addressed the two primary federal statutory protections found in the Pregnancy Discrimination Act and the Americans with Disabilities Act and how law mediates conflict between workplace expectations and the realities of pregnancy. While pregnancy discrimination has been litigated under both, these laws establish different forms of equality. Formal equality requires equal treatment of pregnant women in the workplace, and substantive equality requires the worker's needs to be accommodated by the employer. Drawing from a unique database of 1,112 cases, Deardorff and Dahl discuss how courts have addressed pregnancy through these two different approaches to equality. The authors explore the implications for gender equality and the evolution of how pregnancy and pregnancy-related conditions in employment can be addressed by employers.
Download or read book Pregnancy Discrimination Act and the Supreme Court A Legal Analysis of Young V United Parcel Service R44204 written by Feder and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative history of the Pregnancy Discrimination Act of 1978 written by and published by . This book was released on 1980 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative History of the Pregnancy Discrimination Act of 1978 Public Law 95 555 written by and published by . This book was released on 1979 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court Decisions and Women s Rights written by Clare Cushman and published by CQ Press. This book was released on 2010-08-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the first edition of Supreme Court Decisions and Women’s Rights in 2000, there have been significant developments both in the make up of the Court and the rulings it has issued. The past decade saw the departure of highly revered Justice Sandra Day O’Connor and the historic appointment of the first Latina woman, Justice Sonia Sotomayor. Over that same time period, there have been several important decisions affecting gender law, including: Gonzales v. Carhart (2007), which upheld the federal ban on partial-birth abortion signed by President Bush in 2003. Ledbetter v. Goodyear Rubber & Tire Co. (2007) found that too much time had lapsed for former-Goodyear employee Lilly Ledbetter to seek back wages for the years she received discriminatory lower pay. AT&T Corp. v. Hulteen (2009) held that companies that discriminated against pregnant women employees prior to passage of the Pregnancy Discrimination Act of 1978, could carry that discrimination over into calculating pension pay. Featuring more than 100 cases and updated biographies, Supreme Court Decisions and Women’s Rights provides a complete study of all the important issues and movements involving the Supreme Court and the role it plays in shaping women’s rights.
Download or read book For Whose Protection written by Sally Jane Kenney and published by University of Michigan Press. This book was released on 1992 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probes the complex issues that underlie policies regarding women's reproduction and the workplace
Download or read book The Pregnancy Discrimination Act written by P. Daniel Williams and published by BNA Books (Bureau of National Affairs). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Special Delivery written by Lynn Ridgeway Zehrt and published by . This book was released on 2016 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over twenty years, the federal courts of appeals have been divided over the extent to which the Pregnancy Discrimination Act requires employers to offer light-duty or other work accommodations to pregnant employees. The division between circuits centers on the interpretation of the language in the second clause of the Pregnancy Discrimination Act mandating that employers “shall” treat pregnant employees “the same... as other persons... similar in their ability or inability to work.” Four circuits interpreted this clause to merely explain the first clause, thereby refusing to enforce any significant obligation on employers to accommodate pregnancy-related physical limitations, even when they offer accommodations to nonpregnant employees. In contrast, three circuits interpreted this clause to have independent meaning and to provide pregnant women with a right to comparative accommodation if their employer provides accommodations for nonpregnant employees with similar physical limitations. In March of 2015, the Supreme Court rejected both of these interpretations and instead attempted to fashion a compromise based on the creation of a novel framework that it confined to claims brought under the Pregnancy Discrimination Act. While the Court's decision may allow greater access to light-duty positions for some pregnant employees, its new framework creates significant uncertainty by imposing ambiguous and burdensome requirements on pregnant employees seeking accommodation under the statute. This Article concludes that the limitations of the Court's decision may outweigh its benefits to pregnant employees. Given the inherent complexity of the Court's new approach, congressional reform is needed to provide pregnant employees with a clear entitlement to accommodation of pregnancy-related medical conditions.
Download or read book The Courage of Their Convictions written by Peter H. Irons and published by Simon and Schuster. This book was released on 2016-07-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Courage of their Convictions cites sixteen landmark civil liberties cases and the individuals who challenged laws that they felt impinged upon their personal freedom and who took their battles to the nation’s highest court of law. “Thank goodness for the sixteen brave men and women who fought official intolerance all the way to the US Supreme Court. And thanks to the Peter Irons for presenting their moving personal reasons, in their own words, for questioning authority. Like Anthony Lewis’s Gideon’s Trumpet, this book presents constitutional law with a human face. It will be a classic.” —Norman Dorsen, President, American Civil Liberties Union New York University Law School “A fascinating account of how complex, multi-faceted conduct by individual citizens is forced into narrow, legal categories for decision by our judicial system.” —Thomas I. Emerson, Yale Law School
Download or read book Because of Sex written by Gillian Thomas and published by Picador USA. This book was released on 2017-08-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling look at ten of the most important Supreme Court cases defining women’s rights on the job, as told by the brave women who brought the cases to court
Download or read book Girls on the Stand written by Helena Silverstein and published by NYU Press. This book was released on 2007-05-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice Outstanding Academic Title for 2008 The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a &#“bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
Download or read book Legislation to Prohibit Sex Discrimination on the Basis of Pregnancy written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Employment Opportunities and published by . This book was released on 1977 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Women of Courage written by Mary Kay Green, J.D. and published by Xlibris Corporation. This book was released on 2007-10-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The movie ́Juno ́ is up for an academy award. It is the story of a pregrent teenager who choses adoption. Her chose is not the choice of the majority of teenagers who become pregnant. Most of these pregnancies are unintended, but the majority of these young women opt to give birth to and raise their own children. Women of Courage: The Rights of Single Mothers and Their Children Inspired by Crystal Chambers a New Rosa Parks is about the Constitutional rights of non-marital or "illegitimate" children and their parents, about the right to give birth and raise your own children regardless of race ethnicity and marital status. It was inspired by Chrystal Chambers and her lawsuit against the Omaha Girls Club for pregnancy and race-sex discrimination tried in l986. Ms. Chambers case was filed under the 1978 Civil Rights Act, Title VII of the l964 Civil Rights Act prohibiting race and sex discrimination in employment and under the federal statutes prohibiting race descrimination based on the 14th Amendment to the Constitution as well as the U.S. Supreme Court decisions under 9th Amendment, the reproductive rights amendment. Ms. Chambers’ case had a role in the passage of the l991 Civil Rights Act, Section 105 (a)(2) banning the use of the business necessity defense in cases where intentional discrimination is alleged. It literally took an act of Congress to get the Omaha Girls Club to abandon their single pregnancy negative role modeling discharge policy. Commission of a felony, racial discrimination and single pregnancies were grounds for discharge under their Negative Role Modeling Policy. The Club ended the policy in the early l990´s. The case has been covered in “The Loud Voice” of the national media. In June of 2003, Ms. Chambers and her case were featured by national black syndicated morning radio talk show host Tom Joyner Show in his segment “Little Known Black Heroes.” In the winter of l986, the case was featured in the New York Times, in Newsweek, in The New York Daily News, and the magazine In These Times as well as locally in Nebraska. The case was also featured twice on National Public Radio’s ‘All Things Considered,’ and Ms. Chambers and her lawyer Mary Kay Green and others were featured on Phil Donahue’s national talk show April 4th, l986. This case has inspired the writing and publication of nearly forty law review articles, most supporting Ms. Chambers and her rights. The book also covers the Magdalene asylums in Ireland for unwed mothers, and challenges the Constitutionality of provisions of the Welfare Reform Act and the Temporary Assistance Act. The book is unique in that both Crystal Chambers and her attorney Mary Kay Green,J.D. were single mothers. Ms. Chambers married the father of her daughter Ruth in l986. She finished college summa cum laude and has lived an exemplary life. She is an excellent role model for young mothers. The majority of these young mothers eventually marry.
Download or read book In the Supreme Court of the United States Peggy Young Petitioner V United Parcel Service Inc Respondent written by Ellen Eardley and published by . This book was released on 2014 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This amici curiae brief on behalf of fifty state and local legislators urges the Supreme Court to clarify the extent of accommodations employers must provide to pregnant workers pursuant to the federal Pregnancy Discrimination Act.
Download or read book Punishing Pregnancy written by Trudy Hayden and published by . This book was released on 1973 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interaction of the Pregnancy Discrimination Act and the Americans with Disabilities Act After Young V UPS written by Deborah A. Widiss and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pregnant women sometimes ask employers for accommodations - such as being able to sit on a stool or avoid heavy lifting - to permit them to work safely and productively. In 2015, in Young v. United Parcel Service, the Supreme Court held that the Pregnancy Discrimination Act (PDA) requires courts to scrutinize carefully denial of such requests. The facts in Young arose prior to the effective date of the ADA Amendments Act of 2008 (ADAAA); accordingly, the Court did not address how the ADAAA, which expanded the range of health conditions that qualify as disabilities, affects claims for accommodations under the PDA. This Article fills that gap, updating analysis from an earlier article I wrote on this subject to incorporate the Court's holding in Young and to discuss how lower courts are applying Young. The PDA mandates that pregnant employees be treated “the same” as other employees “similar in their ability or inability to work.” Young established that employees who receive accommodations pursuant to the ADA or workers' compensation laws may be used as comparators in PDA analysis, rejecting lower court decisions to the contrary. The Court stated that evidence that an employer routinely accommodates other health conditions but refuses to provide support for pregnancy is strong circumstantial evidence of discriminatory bias. The ADAAA magnifies the importance of this holding; it also largely resolves the Young Court's concern that the PDA not be interpreted to confer a “'most-favored-nation' status” on pregnant employees. Under the ADAAA and its implementing regulations, employers must provide reasonable accommodations for impairments that substantially limit an individual's ability to lift, bend, walk, or stand, even on a temporary basis. Thus workplace accommodations for health conditions that cause limitations like those caused by pregnancy should now be commonplace (and many conditions associated with pregnancy may qualify as disabilities themselves). Robust enforcement of the PDA's “same treatment” mandate does not create a danger that pregnant employees will be treated better than other employees; rather, it helps ensure that pregnant employees are not consistently treated less well than other employees.
