Employers are landing in hot water for keeping pregnant employees out of hazardous areas. Most recently, employers in Texas and California settled lawsuits that claimed they wrongfully prohibited pregnant employees from working in certain areas. In both cases, employers claimed they were just trying to do the right thing; the employees claimed discrimination. Management-side attorneys say their well-intentioned clients are in a tough spot: Protect a pregnant worker and risk a discrimination lawsuit, or let her work in a hazardous area and risk a tort claim should a child be born with a defect.
Hobson's choice for employers
The National Law Journal
September 29, 2008
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