A motion to dismiss a lawsuit filed in a California District Court by Marriott was denied. A surrogate mother may proceed in her cause of action alleging Title VII discrimination against the hotel chain claiming she was discriminated against by not being permitted to express breast milk after giving birth. U.S. District Judge Margaret M. Morrow said Plaintiff Mary Gonzales has shown enough to proceed with claims that the hotel violated federal and California law. Mary Gonzales gave birth to … [Read more...]
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...]