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March 2015 Archives

News from the Supreme Court: Pregnancy Discrimination Act Interpreted

News from the Supreme Court: In a 6-3 split decision, the Supreme Court declined to follow the EEOC's guidance in accommodating pregnant employees seeking light-duty accommodations. Young v. United Parcel Service, ___ U.S. ____, No. 12-1226 (3/25/15). The Supreme Court held that the UPS did not have to offer pregnant employees light-duty assignments although it later changed its policy to do so. However, pregnant employees can still allege discrimination but will have to have to prove that the employer's alleged legitimate business reason was a pretext for discrimination.

Developments at the EEOC: Class Certification Upheld

Developments at the EEOC:  On February 19, 2015, the EEOC's Office of Federal Operations (OFO) issued its decision in Meyer et al. v. Department of State, EEOC Request No. 0520140506.  OFO upheld class certification for a claim against the State Department (Agency) of alleged disability discrimination in hiring for Foreign Service positions.

Developments at the GAO: Report on Performance-Based Adverse Actions

Developments at the GAO: On March 9, 2015, the Government Accountability Office (GAO) issued a new report, "FEDERAL WORKFORCE: Improved Supervision and Better Use of Probationary Periods Are Needed To Address Substandard Employee Performance", Report GAO-15-191. In the report, GAO discussed various issues concerning performance management for federal employees.

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