Tag: PDA


ADA: Who Determines the Essential Functions of a Job?

An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]

Accommodating Pregnant Employees

By BLR Senior Legal Editor Susan Schoenfeld, JD The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).

Employers Must Treat Pregnant Workers Mindfully to Avoid Compliance Challenges

Proper treatment of pregnant workers is in the headlines as a result of recent guidance from the U.S. Equal Employment Opportunity Commission on pregnancy accommodations and a high profile U.S. Supreme Court case involving a UPS worker. More than ever employers must be mindful of how they’re treating pregnant workers as there are a host […]

Learn About Pregnant Employees Workplace Rights During Nov. 11 #hrintelchat

Are you treating your pregnant employees properly? Do you have to offer them an accommodation? There’s been a flurry of action around treatment of pregnant employees under the Pregnancy Discrimination Act, some of which has been confusing. The PDA says you have to treat pregnant employees in the same manner you treat other employees who […]

‘I send pregnant employees home their last month’

[Go here for the first part of the discussion on pregnancy discrimination] Requiring Leave May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth? No. An employer may not force an employee to take leave because she is or […]

EEOC’s Extensive Q&A Clarifies Obligations to Pregnant Employees

Pregnancy discrimination is often motivated by concern—pregnant women don’t need to be stressed—or chauvinism—pregnant women should take leave. In fact, though, those attitudes are discriminatory. And the plot thickens if a disability or FMLA leave is involved. EEOC’s recent guidance helps employers figure out where they stand. Pregnancy discrimination is often motivated by concern—pregnant women […]