November 30, 2022

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Ex-EEOC lawyer is making ‘highly questionable’ assertion about abortion travel benefits, Littler Mendelson says

Labor & Work

Ex-EEOC attorney is earning ‘highly questionable’ assertion about abortion vacation benefits, Littler Mendelson suggests

The previous general counsel of the Equal Work Opportunity Fee is “misleading and intimidating” companies who deliver journey advantages for women touring to obtain abortions, in accordance to a letter by Littler Mendelson’s Place of work Plan Institute, the legislation firm’s govt affairs arm.

The Place of work Coverage Institute is inquiring the EEOC to examine no matter whether the former formal, Sharon Quickly Gustafson, is violating ethical principles or polices, report Bloomberg Regulation and Regulation360.

The Littler letter states Gustafson has despatched letters to “a substantial quantity of U.S. employers,” including several Littler consumers. In the letters, Gustafson can make a statement that “broadly insinuates” that the EEOC has charged or will be charging businesses supporting abortion access, the institute says.

Gustafson wrote that businesses may possibly violate Title VII of the Civil Rights Act if they supply travel positive aspects for abortions though not giving equal added benefits for workers who want to conceive a boy or girl or sustain their pregnancies. She warned that the employers could face allegations of pattern-or-apply discrimination by EEOC commissioners or lawsuits by workers trying to get the price of equal positive aspects that they did not receive.

Gustafson also warned the abortion-only vacation positive aspects could violate the People in america with Disabilities Act by failing to offer equivalent gains to individuals with impairments of the reproductive technique or impairments induced by pregnancy. And she claimed the profit could also have a disparate impact on staff who are significantly less possible to have abortions mainly because of their spiritual beliefs.

The Littler letter maintains that Gustafson’s pregnancy discrimination claim is “highly questionable.”

Gustafson declined to comment on the Littler letter in response to a Bloomberg Law request. She did not right away react to an ABA Journal e mail looking for remark.

Gustafson labored in the common counsel placement all through the Trump administration and was fired in March 2021 by President Joe Biden right after she refused to resign.

Gustafson also warned about abortion vacation rewards in a letter to the editor to the Journal published in the Oct-November 2022 journal. Gustafson’s previous placement with the EEOC is not described, on the other hand.

See also:

ABAJournal.com: “Some BigLaw corporations will deal with vacation charges for abortions”

ABAJournal.com: “Does ideal to journey for abortion consist of right to stay clear of penalty? Kavanaugh concurrence does not go so far”