Pregnancy discrimination litigation has seen a sharp increase in recent years. With pregnancy-related cases now making up a growing portion of the case load of plaintiff employment lawyers and with the many cutting-edge issues unique to these cases, a resource is needed that expertly analyzes this area of the law. BNA Books’ title, The Pregnancy Discrimination Act: A Guide for Plaintiff Employment Lawyers, is the only treatise available on the market that fills this demand, providing the unique strategies and guidance on pregnancy discrimination litigation that plaintiff lawyers require to effectively represent their clients in PDA cases. The book also contains extensive analysis regarding case law that is favorable to defendants, making it a useful source of information for management lawyers in advising their clients and litigating cases.
This treatise covers essential topics including: Supreme Court Cases related to pregnancy discrimination; cases regarding whether a condition is sufficiently related to pregnancy that the PDA is applicable; circumstantial proof of pregnancy discrimination including proximity in time; proof of knowledge of pregnancy; discriminatory comments and stereotypes related to family caregiver responsibilities; the requirement of PDA plaintiffs to compare themselves to nonpregnant, temporarily disabled employees and the numerous exceptions to the requirement to use comparator evidence; and unique aspects of comparators in PDA cases.
Practitioners also will find information on light duty policies and comparisons to non-pregnant employees with work related injuries; accommodation of pregnant workers under the PDA and other statutes such as the Family and Medical Leave Act and the Americans With Disabilities Act for pregnancy-related disorders; female decision makers; discrimination based on the unwed status of pregnant employees; issues regarding jury instructions and jury selection in PDA cases; state law pregnancy discrimination claims; and damages issues in Pregnancy Discrimination Act cases.
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