When an employee announces her pregnancy, you could find yourself walking a legal tightrope to ensure that you don't violate several state and federal antidiscrimination and leave laws, such as the Pregnancy Discrimination Act, FMLA, and the ADA. One wrong move and you could find yourself in legal hot water.
Consider this recent case: In September 2013, the Equal Employment Opportunity Commission filed suit against a neurological and rehabilitation center in Illinois for allegedly discriminating against a pregnant employee by cutting her hours and then firing her while she was out on maternity leave for reporting the adverse employment action to the EEOC.
Matters can get even more complicated when you consider someone who is pregnant may also suffer from a serious health condition such as nausea and dizziness, which means she may also be protected under additional laws including FMLA and the ADA.
Don't let your compliance obligations get away from you. Get up to date on the latest regulations for accommodating pregnant employees so you can keep your organization in compliance and out of court.
Participate in this interactive webinar, and you'll learn:
- Questions and topics to steer clear of during the recruiting and hiring phase so you don't spark pregnancy-related discrimination claims against your organization
- How to accurately count intermittent/reduced schedule leave toward a pregnant employee's available leave time
- The types of pregnancy-related ailments, such as nausea and dizziness, that may qualify as a pregnant employee as suffering from a serious health condition under FMLA, and whether such impairments are viewed as "disabilities" under a short-term disability policy
- When you can require a pregnant employee to use up her vacation time before collecting disability or sick leave pay
- Circumstances when a pregnant employee could be disabled under the ADA
- Examples of the types of potential accommodations for pregnant employees that may be deemed reasonable
- When a transfer or light-duty assignment generally makes the most sense
- Tips for ensuring a smooth return to work process following a pregnancy or return from maternity leave
- Key compliance requirements concerning lactation breaks for a new mother who must express breast milk during work time
- How to appropriately discipline a pregnant employee or new mom who isn't meeting your legitimate performance expectations
- Tips for maintaining objective, defensible documentation that you'll need in the event you're sued for gender discrimination under Title VII, FMLA interference or retaliation, or for disability discrimination under or the ADA
- And more!
In just 90 minutes, you'll gain a complete understanding of which regulations come into play when you're dealing with an employee who is pregnant. Register now for this event risk-free.
About your presenters:
Attorney Maria Greco Danaher is a shareholder in the Pittsburgh office of Ogletree, Deakins, Nash, Smoak &Stewart, P.C. She regularly represents and counsels companies in employment-related matters, and she specializes in representing management in labor relations and employment litigation, and in training, counseling, and advising human resource departments and corporate management on these topics. Ms. Danaher has first chaired trials in both federal and state courts since 1986, and regularly instructs attorneys and students in issues related to trial tactics. In addition to her litigation experience, Ms. Danaher regularly acts as a "neutral" for the local federal court's Alternative Dispute Resolution Program, and was a co-drafter of the local rule related to ADR. She counsels and trains companies on dispute resolution procedures and facilitative communication, and is a member of the firm's Diversity Steering Committee.
Attorney Brian McDermott is a shareholder in the Indianapolis office of Ogletree, Deakins, Nash, Smoak &Stewart, P.C. He has dedicated his legal career of 20-plus years to representing public and private employers in individual and class/collective employment actions, including cases involving the FMLA, the ADA, Title VII, the ADEA, ERISA, the FLSA, the NLRA, covenant not to compete/trade secret matters, state wage laws, and wrongful discharge. He has represented employers in federal and state courts, labor arbitrations, and administrative agencies (including the EEOC and NLRB) throughout the country. Mr. McDermott also has represented employers before the United States Court of Appeals for the Sixth and Seventh Circuits on multiple occasions. Mr. McDermott devotes a substantial portion of his practice to litigation avoidance and counseling.
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