Accommodating Your Pregnant Employees: What The March Supreme Court Ruling And EEOC Guidance Really Mean
Can you accommodate certain employees with light duty during periods of temporary disability, but not pregnant employees under the expanded ADAAA definition of disability? That’s NOT recommended in light of the Supreme Court’s March decision in Young v. UPS. Essentially, the Court devised a test that effectively takes away your right to do that.
Compliance can get very complicated when someone who is pregnant may also suffer from a serious health condition, protected under FMLA and the ADA. While pregnancy discrimination is already illegal under federal law, some states include pregnancy as a protected class.
The EEOC may revisit its Enforcement Guidance on Pregnancy Discrimination and Related Issues, which addresses accommodations requirements affecting pregnancy workers under the Pregnancy Discrimination Act, the ADA, and FMLA.
Given recent developments, it has never been more important to make sure your HR policies comply with anti discrimination and leave laws, such as the Pregnancy Discrimination Act, FMLA, and the ADA. The stakes for noncompliance are just too high!
Join us for this interactive webinar and gain practical advice and helpful insight for what you can do to stay fair and compliant.
About Your Presenter:
- Practical impact of Young v. UPS on your day to day operations and policies
- How to manage pregnant employee requests for accommodation related to lifting restrictions or other light duty requirements
- How to accurately count intermittent/reduced schedule leave toward a pregnant employee’s available leave time
- Pregnancy-related ailments, such as nausea and dizziness, that may qualify as a serious health condition under FMLA
- When such impairments are “disabilities” under a short-term disability policy
- When you can require a pregnant employee to use up vacation time before collecting disability or sick leave pay
- When a pregnant employee could be disabled under the ADAAA
- Potential accommodations for pregnant employees that may be deemed reasonable under the PDA
- When a transfer or light-duty assignment generally makes the most sense
- Tips for ensuring a smooth return to work when temporary restrictions are lifted, but the employee isn’t ready to take her childbirth leave
- How to ensure a lawful return to work after a leave of absence for childbirth and recovery
- Lactation accommodations for nursing mothers required under the Fair Labor Standards Act, as part of the Affordable Care Act
- How to discipline a pregnant employee or new mom who isn't meeting your legitimate performance expectations
- 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 the ADAAA
- What the EEOC's recent enforcement guidance on pregnancy and related issues means—and the practical impact it has on your policies and practices going forward in light of differing interpretations of the interplay between the PDA and the ADA
Attorney Patricia Eyres is the managing partner of Eyres Law Group, LLP, a specialized law practice focusing exclusively on helping employers in the areas of labor, employment, and education law. Her clients range from Fortune 500 companies to small businesses, school districts, and public agencies. In addition to guiding employers through the maze of risks associated with workplace discrimination, harassment, and retaliation claims, she is an expert on return-to-work, reasonable accommodation, and leave of absence compliance.
|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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|Keywords For This Course:|
EEOC, FLSA, ADAAA
|Currently Scheduled Dates For This Webcast|
|Accommodating Your Pregnant Employees: What The March Supreme Court Ruling And EEOC Guidance Really Mean||CD/On-Demand||$229.00||
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