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In a binding decision on May 30th, the United States Court of Appeals for the Fifth Circuit said yes. The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. As we near the 35th anniversary of the PDA, district courts are still missing the point. The case, Equal Employment Opportunity Commission v. Houston Funding II, Limited; Houston Funding Corporation, involved Donnicia Venters, a female account representative who was terminated after informing her supervisor that she would need to use a breast pump when she returned to work after giving birth. He told her that her position had been filled and she received a termination letter shortly thereafter, stating “job abandonment” as the cause for termination. The district court dismissed the case, granting summary judgment in favor of Houston. It held that lactation is not a pregnancy-related condition and thus, “firing someone because of lactation or breast-pumping is not sex discrimination.” The Fifth Circuit disagreed and reversed, stating that lactation is a pregnancy-related medical condition under the PDA and that Houston’s actions were a cognizable sex discrimination claim under Title VII. Thus, it said, the dismissal of the claim was inappropriate. That cases such as this are still arising in America is distressing, but let us celebrate this movement towards true justice. For information about California’s pregnancy accommodation law, which requires employers to provide accommodation to pregnant employees or employees who have recently given birth, click here. Support the Pregnant Workers Fairness Act, which would require employers to provide employees with reasonable accommodations for conditions related to pregnancy and childbirth. This post was written by ERA law clerk Brandy DeOrnellas. [post_title] => Justice in Pregnancy-Discrimination Case: Firing Employee on Basis of Lactation is Sex Discrimination [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => justice-in-pregnancy-discrimination-case-firing-employee-on-basis-of-lactation-is-sex-discrimination [to_ping] => [pinged] => [post_modified] => 2013-06-07 17:48:11 [post_modified_gmt] => 2013-06-07 17:48:11 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.equalrights.org/?p=2272 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [1] => WP_Post Object ( [ID] => 2254 [post_author] => 12 [post_date] => 2013-06-03 19:18:02 [post_date_gmt] => 2013-06-03 19:18:02 [post_content] => ERA-Sponsored Bill Enhancing Anti-Discrimination Protections for Working Families Clears California Senate On May 29, the California State Senate passed SB 404, a bill authored by Senator Hannah-Beth Jackson (D-Dist. 19) and co-sponsored by Equal Rights Advocates (ERA), the California Employment Lawyers Association (CELA) and the Center for Worklife Law at UC Hastings. The bill will prohibit employers from discriminating against an employee based on his or her family responsibilities by adding "familial status" to the list of characteristics that are prohibited bases of discrimination under the employment provisions of the state’s Fair Employment and Housing Act. As the law stands now, employees must draw on a patchwork of laws to show that an employer discriminated against the employee for being a primary caregiver by trying to prove that caregiving is a type of sex discrimination.  Many employers base adverse employment decisions on preconceived notions about family responsibilities. For example, employers may reduce an employee’s hours without the employee’s consent or pass over these employees for promotions.  This bill clarifies the law protecting caregivers giving guidance to both employees and employers about the rights of workers with family responsibilities. “Today more and more workers are juggling both work and family care obligations, and the demands for elder care are projected to increase dramatically in the near future,” says Jamie Dolkas, Staff Attorney at ERA. “SB 404 provides much-needed protection to ensure that workers will not be treated unfairly because they care for their family members.” Domestic Workers’ Bill of Rights and Bills Protecting Immigrant Workers From Retaliation Move Forward in California Legislature Also on May 29, the Assembly passed “The Domestic Workers’ Bill of Rights,” (AB 241) introduced by Tom Ammiano (D-Dist. 17).  This bill would protect domestic workers, including nannies and those who provide in-home care, by regulating wages, providing for rest time, and protecting other working conditions. While it exempts certain employers such as licensed health facilities or people who receive domestic care from the State of California or In-Home Supportive Services (IHSS), AB 241 defines employers of domestic workers as those who employ or exercise control over the wages, hours or working conditions of a domestic work employee, including those who obtain the services from third parties. The same day, the California Senate passed SB 666, a bill authored by Senator Darrell Steinberg (D- Dist. 6 and President pro Tem), that would prohibit employers from threatening to report undocumented workers or their families when they exercise their labor and employment rights.  Employers may also risk losing their business licenses for retaliating against these employees. Attorneys who use immigration status to threaten and intimidate witnesses would also face discipline, and whistle blowing protections would be extended to employees who testify before a legislature or other public body about anything related to a government investigation of the employer AB 263, another bill protective of immigrant workers’ rights and, introduced by Roger Hernández (D-Dist. 48), passed through the Assembly. This bill would prevent employers from engaging in unfair immigration-related practices toward employees who assert their labor and employment rights. Unfair immigration-related practices would include threats of improperly using the Federal E-Verify system, requests of extraneous documents showing an employees’ eligibility to work, and threats of filing reports or contacting immigration authorities in response to an employee’s exercise of his or her rights. “Equal Rights Advocates applauds the advancement of these three bills in the state legislature,” said Monali Sheth, Staff Attorney at ERA. “ AB 241, the Domestic Workers’ Bill of Rights, provides domestic workers the right to work for a living wage, decent working conditions, and with dignity, while SB 666 and AB 263 further protect the immigrant women we represent who are afraid of coming forward to complain when they have been overworked, underpaid, abused, and unlawfully harassed on the job.” This post was written by Sonia Jacob, an ERA summer law clerk. [post_title] => Important State Bills for Families Advance in Legislature [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => important-state-bills-for-working-women-advance-in-legislature [to_ping] => [pinged] => [post_modified] => 2013-06-07 17:51:40 [post_modified_gmt] => 2013-06-07 17:51:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.equalrights.org/?p=2254 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 2243 [post_author] => 12 [post_date] => 2013-05-30 22:12:44 [post_date_gmt] => 2013-05-30 22:12:44 [post_content] => (SAN FRANCISCO) Equal Rights Advocates (ERA) is proud to announce that workers rights' activist Saru Jayaraman is the 2013 recipient of the Champion of Justice Award. The award, to be presented at ERA's luncheon on June 13, 2013, is given annually to a social justice advocate who embodies ERA's mission to fight for women's equality. This year's luncheon focuses on issues of equal pay and wage justice, and marks the 50th anniversary of the Equal Pay Act. Jayaraman is a founder and co-director of Restaurant Opportunities Centers United, a non-profit social justice organization that seeks to improve working conditions for food service workers. In February, Jayaraman published Behind the Kitchen Door, an exposé on poor working conditions in America's restaurants. "ERA's fight for gender justice at work could not happen without visionary partners like Saru Jayaraman," said ERA Executive Director Noreen Farrell. "Her incredible efforts on behalf of restaurant workers have exposed injustices faced by far too many low wage workers served by ERA. We honor the tireless advocacy of Saru and her colleagues at ROC for standing up to ensure that workers are paid fairly, are safe from harassment, and receive leave time when critical to their health or the health of their families. We thank Saru and ROC for helping us build a movement that promotes gender equity and justice for all workers." The United States food service industry employs 10 million workers, of which less than one percent are unionized, according to ROC-United. In Behind the Kitchen Door, Jayaraman combines personal narratives and investigative journalism to explore the "dark side of dining out": discriminatory labor practices, exploitation, and unsanitary kitchens. A graduate of Yale Law School and a frequent public speaker on the topic of low wage earners' rights, Jayaraman currently serves as Director of Food Research at the University of California, Berkeley. For more information on ERA's luncheon, or to buy tickets, visit events.equalrights.org. To learn more about ERA's campaign to Close the Wage Gap, click here. [post_title] => Champion of Justice Saru Jayaraman to Be Honored For Workers' Rights Activism [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => champion-of-justice-saru-jayaraman-to-be-honored-for-workers-rights-activism [to_ping] => [pinged] => http://www.equalrights.org/era-launches-close-the-gap-campaign-for-equal-pay/ [post_modified] => 2013-05-30 22:14:57 [post_modified_gmt] => 2013-05-30 22:14:57 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.equalrights.org/?p=2243 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 2239 [post_author] => 11 [post_date] => 2013-05-29 23:58:29 [post_date_gmt] => 2013-05-29 23:58:29 [post_content] => Women make up 47 percent of the workforce and, according to a new Pew Research Center study, women are also the breadwinners in 40 percent of American households. That number is up nearly 30 percent since 1960, showing a growing trend of women spending more time in the workplace. About three-quarters of American adults say the increase in the number of working women has made it harder to raise children, according to Pew. Two-thirds of the households with breadwinning moms are also single parent households, which indicates that more women are shouldering the responsibilities of both parenting and working at the same time. It’s more important than ever to support working parents. At Equal Rights Advocates, we’ve made the needs of working families a top priority, and have led a groundbreaking effort to end workplace discrimination against parents and caregivers. ERA is proud to co-sponsor California Senate Bill 404, which will add familial status to a list of protected characteristics under state employment and housing laws. "The Pew study spotlights why ERA's gender justice work is so critical for families. Equity in pay, fair opportunity for hire and advancement ... these aren't luxuries. We are talking about everyday survival," said ERA Executive Director Noreen Farrell. To support the growing group of women who are earning AND nurturing, click here and tell your state representative that you support SB 404. The families that rely on women breadwinners are also depending on their getting paid equally for equal work.  To find out how to join ERA's Close the Gap campaign to fight pay discrimination, click here. For more on the Pew study, including more information on increasing numbers of households run by single low-wage earners, click here. [post_title] => Study: More Women Than Ever Are Breadwinners [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => study-more-women-than-ever-are-breadwinners [to_ping] => [pinged] => http://www.equalrights.org/ask-california-legislators-to-stop-discrimination-against-caregivers-at-work/ [post_modified] => 2013-05-29 23:58:29 [post_modified_gmt] => 2013-05-29 23:58:29 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.equalrights.org/?p=2239 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post] => WP_Post Object ( [ID] => 2272 [post_author] => 12 [post_date] => 2013-06-05 18:35:48 [post_date_gmt] => 2013-06-05 18:35:48 [post_content] => Does discharging a female employee because she is lactating constitute sex discrimination in violation of Title VII of the federal Civil Rights Act? In a binding decision on May 30th, the United States Court of Appeals for the Fifth Circuit said yes. The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. As we near the 35th anniversary of the PDA, district courts are still missing the point. The case, Equal Employment Opportunity Commission v. Houston Funding II, Limited; Houston Funding Corporation, involved Donnicia Venters, a female account representative who was terminated after informing her supervisor that she would need to use a breast pump when she returned to work after giving birth. He told her that her position had been filled and she received a termination letter shortly thereafter, stating “job abandonment” as the cause for termination. The district court dismissed the case, granting summary judgment in favor of Houston. It held that lactation is not a pregnancy-related condition and thus, “firing someone because of lactation or breast-pumping is not sex discrimination.” The Fifth Circuit disagreed and reversed, stating that lactation is a pregnancy-related medical condition under the PDA and that Houston’s actions were a cognizable sex discrimination claim under Title VII. Thus, it said, the dismissal of the claim was inappropriate. That cases such as this are still arising in America is distressing, but let us celebrate this movement towards true justice. For information about California’s pregnancy accommodation law, which requires employers to provide accommodation to pregnant employees or employees who have recently given birth, click here. Support the Pregnant Workers Fairness Act, which would require employers to provide employees with reasonable accommodations for conditions related to pregnancy and childbirth. This post was written by ERA law clerk Brandy DeOrnellas. 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