Fleming, 948 F.2d during the 997 (ERISA causes it to be unlawful to produce if not punish a plan participant or beneficiary to have exercise his or her legal rights underneath the plan).

EEOC v. Houston Funding II, Ltd., 717 F.three-dimensional 425 (5th Cir. 2013) (lactation try an associated medical condition of pregnancy for purposes of this new PDA, and you can a detrimental a position action motivated of the undeniable fact that a great lady is lactating demonstrably imposes up on feminine an encumbrance one male personnel need not experience).

S. 125 (1976), figured assertion from individual get off to possess breastfeeding wasn’t sex-built as it merely removed you to state regarding people by which get off could well be offered

Whether the demotion try ultimately seen to be unlawful depends on whether the company asserted a legitimate, non-discriminatory factor in it and, if that’s the case, perhaps the research revealed that the fresh asserted reasoning is actually pretextual. Read more