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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse


Book that reads pregnancy act

In 1978, Congress passed the Pregnancy Discrimination Act, but, forty years later, a CNN article reports: …..“Despite legal protections, pregnancy discrimination claims are still widespread.” Ten years ago amendments were made to the Americans with Disabilities Act, requiring employers to provide necessary accommodations to pregnant women whose pregnancy-related conditions qualify as disabilities. Exactly when do pregnancy-related conditions become disabilities? When the impairment “substantially limits a major life activity”.

Is the problem getting fixed?  On the surface, it might appear so; last year alone, $15 million in settlements were paid out for pregnancy discrimination charges filed with the EEOC. The problem, CNN reports, is that a “far larger number of women were denied requests for simple accommodations such as more frequent breaks, time off for prenatal visits or less physically demanding duties.”

Just last month, CNN published the article “Fired for being pregnant: Another kind of discrimination women face at work”, telling the story of a 30-year old single mother who told her supervisor at the Walmart Distribution Center in Atlanta that she wasn’t feeling well. In order for her to be given a break, the supervisor informed Whitney Tomlinson, she would need to see a note from Whitney’s doctor. When Tomlinson provided the note, she was told she needed to apply for an unpaid leave from her job.  She had become a “liability”, she was told, because of her “restrictions”, and would not be allowed to return to work until after she had given birth. A discrimination charge against Walmart has been filed with the Equal Opportunity commission.

Under PDA (the Federal Pregnancy Discrimination Act), an employer must make modifications (or accommodations) for pregnant workers when the employer does so for other employees who are similarly limited in their ability to perform job functions. These might include:

  • lighter duties
  • alternative assignments
  • additional breaks
  • unpaid leave
  • allowing pregnant employees lifting limitations if lifting limitations are allowed for non-pregnant employees who have lifting restrictions

In contrast, under the Americans with Disabilities Act, pregnancy alone is not a disability.  However, pregnancy-related conditions that “substantially limit a major life activity”, do require that the employer provide accommodations.  Those conditions include:

  • anemia
  • sciatica
  • gestational diabetes
  • morning sickness
  • swelling in the legs
  • depression 

Do these things sound familiar? Have you or has someone you know suffered discrimination based on pregnancy?  At Ramey & Hailey, our employment law attorneys work to protect women from discrimination. Your job is important, and safeguarding your employment rights is vital to your own success and well-being as well as to your unborn child’s health and safety.

Yes, Indiana is an employment-at-will state, meaning that an employee may be fired at any time for any reason, just as an employee is allowed to quit at any time for any reason. What the anti-discrimination laws are there to do is to ensure you’re being treated fairly and working in a safe environment.

There’s been a lot of media attention lately on employer sexual harassment. But unfair treatment of pregnant employees is harassment, too, and pregnancy-related lawsuits have involved workers in all sectors of the workforce, including childcare, healthcare, education, social services, hospitality, legal, retail, staffing, manufacturing, wholesale supply, energy, real estate, and food/beverage services, the EEOC explains.

When pregnant UPS driver Peggy Young was placed on unpaid leave, she lost her health insurance.  She couldn’t collect unemployment because she hadn’t been fired. Peggy’s case went all the way to the U.S. Supreme Court before the employer finally gave her a settlement.  “I was willing to work,” Young said.  “I was willing to do my regular job, and they wouldn’t let me, period….We shouldn’t be made to choose between our job and having a child.”

Is this a fight worth starting? Under both state and federal law, victims of discrimination may receive financial recovery of any or all of these types of payment:

  • back pay
  • benefits
  • reinstatement into the job
  • attorney’s fees and court costs
  • damages

A host of federal and state laws exist to protect our civil rights. Do you know an employer who deserves to spend a “trimester” in court over pregnancy discrimination? Do you know someone whose employment rights need safeguarding?

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