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In an article published on 7/11, Segal McCambridge Shareholder Michael R. Luchsinger advises HR professionals on what they need to know about the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27. This statute necessitates that employers provide “reasonable accommodations” for an employee’s limitations due to pregnancy, childbirth, or various related medical conditions—unless said accommodations would cause the employer “undue hardship.”
“Reasonable accommodations are generally defined as changes to the typical work environment to aid an employee’s known limitations,” writes Luchsinger of the new policy. “Similar to the ADA, employers aren’t required to provide all requested accommodations—only those that are ‘reasonable’ and won’t cause an ‘undue hardship’ on the employer’s operations.”
Luchsinger advises employers that they are forbidden from engaging in such actions as requiring a pregnant employee to take a leave if reasonable accommodations can be provided that would allow the employee to continue working, as well as retaliating against anyone who reports unlawful discrimination as defined under the PWFA.
“Employers should make it their practice to engage in good-faith conversations with an employee seeking a reasonable accommodation under the PWFA,” he said, adding that “employers should foster an environment where employees are comfortable discussing their needs and limitations with management. Doing so will foster trust and positive communication between employer and employee.”
Read the story in full; click here.
