After the Pregnancy Discrimination Act (PDA) was passed in 1978, many federal employment laws have been enacted – such as the Americans with Disability Act (ADA), and the Family and Medical Leave Act (FMLA). These laws have created confusion for employers as to how pregnant workers should be treated in the workplace. So how do you ensure that you fulfill all your legal obligations as an employer without running afoul of the law?
A brief background: Historically, the PDA did not create many problems for employers. Employers largely had control over what accommodations they were willing to make to the pregnant workers – just treat them as you would any other employee with a “temporary disability.” And along came the ADA – where “temporary” impairments such as lifting restrictions could be considered a disability. Then, Peggy Young came along – filing a suit after her employer refused to offer her available light duty positions, because the positions were reserved for those who had sustained workers’ compensation injuries – or those with disabilities under the ADA. Young’s case made it to the Supreme Court, where the Court clarified employer obligations to the pregnant worker – even if she wasn’t considered disabled under the ADA.
In this webinar, industry veteran Susan Desmond will walk you through your legal obligations towards the pregnant worker, including how pregnancy can sometimes implicate the ADA. She will analyze the Young v. UPS ruling, and explain how courts are interpreting employer obligations after the Young v. UPS case. Desmond will also provide valuable insights on the interaction of the PDA and the Family and Medical Leave Act (FMLA).
After attending this session, you will know how to handle challenging issues involving workers who become pregnant – without falling afoul of the law.
Some of the useful topics covered include:
Who Should Attend
- Jennifer Raphael Komsky
Susan Fahey Desmond is a partner with Jackson Lewis, LLP, which has offices in over 54 cities across the United States. She has been representing management in all aspects of labor in employment law since 1985. She is listed in Best Lawyers in America and has been named by Chamber USA as one of America’s Leading Business Lawyers for labor and employment law. She is also listed in...
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