September 26, OU3: The selected remedial alternative for the Site includes: The Orders also require the establishment of an environmental covenant to restrict land use, limit ground water use, prohibit construction within ft. The effective date of this final action is September 26,
Thus, as with other protected categories like gender or race, a pregnant employee may establish her claim by showing that she was treated less favorably than "similarly situated" non-pregnant employees.
But the standard for establishing illegal discrimination is much less clear under the second part of the PDA, which provides that employers must treat "women affected by pregnancy United Parcel Service, Inc.
Supreme Court wrestled with the interpretation of this duty. The plaintiff had requested "light duty" as an accommodation for her pregnancy-related lifting restriction of 20 lbs. This naturally raised the question of which group of employees should be considered "similarly situated" to the plaintiff for comparison purposes.
In other words, should she win her case because some non-pregnant employees with the same restrictions received an accommodation that she did not? Or, should she lose because non-pregnant employees who, like her, did not meet the criteria of the policy, were also denied leave?
The Supreme Court, in the end, rejected both of these theories. That reason normally cannot consist simply of a claim that it is more expensive or less convenient to add pregnant women to the category of those whom the employer accommodates.
The plaintiff can create a genuine issue of material fact as to whether a significant burden exists by providing evidence that the employer accommodates a large percentage of nonpregnant workers while failing to accommodate a large percentage of pregnant workers.
The Court has thus seemingly created hybrid test that melds the separate liability theories pertaining to unintentional disparate impact claims and intentional disparate treatment claims.
Thus, the Court has authorized a finding of liability based on a showing that a facially neutral policy of the employer has causes a disparate burden on pregnant women without a sufficiently compelling business justification. Under this new standard, employers would be well-advised to explicitly include pregnancy related conditions under their short term disability plans even if doing so is "more expensive or less convenient.Chichester District Council: Community safety and crime.
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Division of Environmental Response and Revitalization Oversees investigation and cleanup of contaminated sites; permitting, inspection, compliance and reporting of hazardous waste sites; and provides assistance and guidance for the voluntary cleanup and reuse of brownfield sites.