News & Events

February 3, 2022

Scott Mirsky Provided Commentary for Healthline Article Regarding Workplace Discrimination Numerous Women Face After a Miscarriage

Scott Mirsky, Principal

Scott Mirsky provided commentary for an article titled: “The Workplace Discrimination Many Women Face After a Miscarriage,” by Ann Pietrangelo, published on Healthline.com on February 2, 2022.

The Pregnancy Discrimination Act forbids separation based on pregnancy, labor, or related ailments. Scott provided insight on the effects of violating that act and the practical challenges for an individual and for a business. 

Employment law attorney, Scott Mirsky, told Healthline.com that "It’s possible that the employee could be entitled to other accommodations under the Americans with Disabilities Act ...But the employee would have to show that the miscarriage is a ‘disability’ and ‘substantially limits a major life activity.’ Practically speaking, this will be hard to establish for most miscarriages unless the miscarriage was severe, caused by some other disability, or results in lingering medical issues". 

The full article, "The Workplace Discrimination Many Women Face After a Miscarriage," can be found on Healthline.com (subscription not required to view full article). 

If your business is facing a similar scenario or employee inquiries, please contact the employment attorneys at Paley Rothman.

Scott Mirsky is a Principal in the firm’s Employment Law and Litigation practice groups.

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