PREGNANCY AND FAMILIAL STATUS UNDER THE MHRA Enforcement under Minn. Stat. 363A in light of WESA

MDHR - Overview 2 DATETITLE OF SLIDE SHOW The Minnesota Department of Human Rights (MDHR) is charged with the responsibility of eliminating unlawful discrimination in the workplace. MDHR will conduct approximately 925 investigations this year, approximately 60% of which are employment cases.

Partnership with the EEOC 3 DATETITLE OF SLIDE SHOW The Equal Employment Opportunity Commission (EEOC) and MDHR have both recently identified pregnancy-related sex discrimination as an area of strategic investigative focus and are collaborating to enforce the federal and state laws that prohibit such discrimination.

Partnership with DLI The Department of Labor and Industry (DLI) and MDHR are also working together to ensure that all provisions of WESA that concern protections afforded to pregnant workers, nursing mothers, and workers who seek to take pregnancy and parental leave are enforced.

Enforcement Authority (M.S ) As of July 1, 2014 DLI has authority to issue Orders to Comply for violations of: Wage Disclosure Protection Nursing Mothers Pregnancy & Parental Leave Sick / Safe Leave Pregnancy Accommodation Penalty orders can be issued for willful or repeated violations.

Right to Sue (M.S ) Previously, Minnesota law allowed individuals to sue their employer for violations of: Parenting Leave School Conference and Activities Leave Sick Leave Benefits; Care of Relatives As of July 1, 2014 Employees can also sue their employer for violations of: Nursing Mothers law Wage Disclosure law

MHRA Protected Classes: Sex (including pregnancy) Familial Status Disability MDHR & Pregnancy-Related Discrimination

DATETITLE OF SLIDE SHOW 8 Sex Discrimination 1 The Minnesota Human Rights Act (MHRA) prohibits employers from discriminating against women on the basis of their gender and on the basis of their capacity to become pregnant. Minnesota courts have interpreted the Act consistent with Title VII and the Pregnancy Discrimination Act at the federal level.

DATETITLE OF SLIDE SHOW 9 Sex Discrimination 2 It is illegal for an employer to do the following on the basis of an individual’s capacity to become pregnant: Take an adverse action against the individual, Treat the individual differently than individuals similar in ability/inability to work, Harass the individual, or Utilize a policy that has a disparate impact on such individuals

DATETITLE OF SLIDE SHOW 10 Sex Discrimination 3 On July 24, 2014, the EEOC issued guidance to employers on “Pregnancy Discrimination and Related Issues.” MDHR finds the EEOC guidance instructive in interpreting the MHRA.

DATETITLE OF SLIDE SHOW 11 MHRA’s Broad Protection - Familial Status The MHRA additionally protects a broader set of employees than just those with the capacity to become pregnant. The MHRA was recently amended to prohibit employers from discriminating against employees on the basis of their familial status. Familial status is defined as a: Parent, guardian or designee of a parent or guardian that lives with at least one minor or A person who is pregnant or is in the process of securing legal custody of a minor.

DATETITLE OF SLIDE SHOW 12 MHRA’s Broad Protection - Disability The MHRA also prohibits discrimination against employees who are, have a record of, or are regarded as having a disabling impairment. Most employers are required to accommodate an employee who has a pregnancy-related impairment that rises to the level of a disability, unless the accommodation imposes an undue hardship on the employer. This is true regardless of how the employer treats other employees.

DATETITLE OF SLIDE SHOW 13 Hypothetical 1 Rebecah has been working as a high-paid marketing associate for several years with her employer. Rebecah recently informed her supervisor that she was attempting to become pregnant with her first child. Rebecah’s supervisor reacted negatively, and asked Rebecah if that was what she really wanted in life. Within weeks, Rebecah’s employer demotes her to a much lower-paid marketing position. The employer states that it is because the quality of Rebecah’s work has declined, however her performance evaluations have been consistently outstanding.

DATETITLE OF SLIDE SHOW 14 Hypothetical 2 Sophia travels a lot for her news anchor position. She already has two children and home and manages her work and personal life very well. Sophia becomes pregnant with her third child and notifies her manager in advance that she will be requiring leave after the birth of the child. Sophia’s employer questions Sophia as to how she will be able to continue to travel for her position with another young child in her life. Sophia tells her employer that it will not be a problem. Sophia is terminated from her position several weeks later based on performance issues, however Sophia has no record of performance problems.

DATETITLE OF SLIDE SHOW 15 Hypothetical 3 Shortly after Ingrid informed her supervisor of her pregnancy, he met with her to discuss alleged performance problems. Ingrid had previously received good performance reviews. Two weeks after Ingrid began her leave, Ingrid’s employer discharged her for poor performance accusing her of having a bad attitude and providing poor customer service. The employer was unable to produce any evidence of customer complaints or poor service.

DATETITLE OF SLIDE SHOW 16 Hypothetical 4 Suzie’s employer has a policy of providing light duty for employees who are injured on the job and who cannot lift more than 15 pounds. Suzie requests a light duty assignment for a 20-pound lifting restriction related to her pregnancy. The employer denies the light duty request, claiming that pregnancy is not the same as an on-the-job injury.

DATETITLE OF SLIDE SHOW 17 Hypothetical 5 Azami, a young Japanese woman, claims that when she was visibly pregnant with her first child, her supervisors began ridiculing her about being pregnant at such a young age, assigning her more work in order to cause her to become behind on deadlines, and failing to inform Azami of ad hoc meetings and then ostracizing her for missing them. Azami asserts the supervisors subjected her to this harassment because of her pregnancy status and race.

DATETITLE OF SLIDE SHOW 18 Hypothetical 6 Jackie applied for a warehouse job. At the interview, the manager told her the job required occasionally lifting 75 pounds. Jackie said that she could not temporarily meet the lifting requirement because she was pregnant, but that she could perform all of the rest of the job duties. She was not hired. The employer asserts that it did not select Jackie because she could not meet the lifting requirement.

DATETITLE OF SLIDE SHOW 19 Hypothetical 7 Dominika is in the process of adopting twin toddlers. She has been working for her employer in a non- supervisory position for three years. Her employer recently posted an opening for a supervisory position. Both Dominika and an equally qualified single male employee apply for the position. During Dominika’s interview for the position, she discloses her adoption to her supervisor. Dominika’s boss chooses to hire the male employee and states that the supervisory role is better suited for someone who is not “tied down” with raising children.

DATETITLE OF SLIDE SHOW 20 Hypothetical 8 Micah has had a cardiac disability for the last decade that causes her to become dizzy and often faint when standing for long periods at a time. However, Micah has been able to manage her warehouse position well with certain medications. Micah was taken off of the medications recently because of pregnancy-related risks. Micah’s doctor knew of no alternative medications that would prevent Micah’s symptoms from becoming exacerbated by the long periods of standing and lifting she was required to perform. Micah asked her employer to allow her to take a few more breaks during the day to sit and rest, but her employer told her that it would be an inconvenience.