1 min read Discrimination, Staffing

Staffing Firm Accused of Lactation Discrimination

This is timely. Recently we provided a comprehensive update on pregnancy discrimination laws in the US, including the federal PUMP Act, requiring employers to provide accommodations for lactating mothers:

How to Trigger a Pregnancy Discrimination Lawsuit
Employers should understand that pregnant workers arguably enjoy more workplace legal protections than any class of workers in the United States.
Staffing Legal NewsBill Josey

Two weeks ago, a lawsuit (attached below) was filed against Cincinnati travel nurse agency Health Carousel alleging lactation discrimination. The lawsuit contains the full panoply of potentially applicable federal and state laws including Title VII of the Civil Rights Act, the PUMP Act, the Pregnant Workers Fairness Act, and Ohio anti-discrimination legislation. The suit is somewhat novel, in that it includes claims for "lactation harassment" based on alleged ridicule received from a supervisor and co-workers. The case also contains standard refusal to accommodate claims, as well as retaliation claims.

As we reported before, pregnant workers are the most protected class of employees in the United States.

Stay in the Know - Free Trial of SLN to Your Inbox
Varney v. Health Carousel, LLC, 1_24-cv-00624, No. 1 (S.D.Ohio Oct. 29, 2024)
Varney v. Health Carousel, LLC, 1_24-cv-00624, No. 1 (S.D.Ohio Oct. 29, 2024).pdf
184 KB
download-circle

Published by:

You might also like...

Aug
06
Courts Apply New Title VII Standard

Courts Apply New Title VII Standard

For the past 60 years, to assert a valid employment discrimination claim under Title VII of the Civil Rights Act of 1964, an employee had to allege a “materially significant disadvantage” resulting from an employer's adverse actions.
7 min read
Jul
02

USERRA Presents Staffing Agency Challenges

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects members of the military, including the Reserves, and requires employers to return them to their civilian jobs following a period of uniformed service. For staffing agencies, USERRA presents unique challenges, because their assigned employees'
3 min read
Apr
23

U. S. Supreme Court Broadens the Basis for Discrimination Claims

Surprising ruling means that employers can expect more lawsuits The most common legal claims brought against staffing firms (and employers in general) are lawsuits brought under Title VII of the Civil Rights Act of 1964, as amended, and its state and local variants. Last week, the U.S. Supreme Court
2 min read
Apr
11

Aerotek Wins the Right to Arbitrate- But Loses the Arbitrations

In a landmark 2021 decision in favor of staffing giant Aerotek (and beneficial to employers in general), the Texas Supreme Court ruled that former Aerotek temporary employees could not invalidate their electronic signatures on arbitration agreements merely by denying that they signed them. The ruling in this employment discrimination case
1 min read
Mar
28

Justice Department Repeatedly Punishing Staffing Firms for Job Posting Violations

It's easy pickings for DOJ regulators There is a right way and a wrong way to address immigration status in a U.S. job posting. The DOJ website explains here. It's pretty simple: Right way: "Must be authorized to work in the U.S."
5 min read

Member discussion