Can my employer test me for pregnancy?


Title VII defines "sex" to include pregnancy and childbirth as a form of sex discrimination.  Testing women for pregnancy or fertility is "sex" discrimination where the testing effectively discourages female or pregnant applicants.  Norman Blood Saw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998).  Regular or pervasive inquiries about whether female employees are pregnant or about a woman's childbearing and child care plans may create a hostile environment for women. Walsh v. … [Read more...]

Am I required to submit to a medical exam for a job?


The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities.  If you are … [Read more...]

May an employer discriminate in job ads seeking only certain gender or age?

SEEK - Storeman Job in Adelaide-1

Federal code 42 U.S.C.A. 2000e-3(b) proscribes employers from "printing or publishing or causing to be printed or published any notice or advertisement that indicates a preferece, limitation, specification, or discrimination" of any particular protected class.  For example, advertisements textually or facially soliciting "boys," "girls," "students," or "recent graduates" are suspect. 29 CFR 1625.4 (a)  Employers challenged this and the Supreme Court stated this limitation does not violate the … [Read more...]

Sexual Harassment Claim: Quid Pro Quo or Hostile Environment?

Sex harassment 1

In 1980 the Commission issued guidelines declaring sexual harassment a violation of Section 703 of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable, and suggesting affirmative steps an employer should take to prevent sexual harassment. See Section 1604.11 of the Guidelines on Discrimination Because of Sex, 29 C.F.R. § 1604.11 (“Guidelines”). The … [Read more...]

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