Although many women work through their pregnancies without difficulty, some of them with physically demanding jobs or complicated pregnancies might seek accommodation at some point. However, the Americans with Disabilities Act (ADA) does not define pregnancy as a disability or disorder, but as a natural process related to reproduction.
If pregnancy is not a disability, are pregnant women entitled to accommodation? What about women with pregnancy-related impairments? Are they covered by the ADA Does the Pregnancy Discrimination Act (PDA) entitle pregnant women to the accommodations they need to continue working during pregnancy? Are there state laws that entitle pregnant women to accommodation? These are the types of questions are being examined by the National Women’s Law Center (NWLC) and other women’s legal organizations. According to NWLC, both the ADA and the PDA often require reasonable accommodation for pregnancy.
Let’s start with the ADA. The regulations interpreting the ADA Amendments Act (ADAAA) state that pregnancy-related impairments can meet the definition of disability if they substantially limit a major life activity. Pregnant employees with impairments that meet the definition of disability will be entitled to an accommodation under the ADA. Because the ADAAA has broadened the definition of disability to include many temporary and less severe impairments, more workers with pregnancy-related impairments will now qualify for direct coverage.
In addition, the interaction between the PDA and the ADA will often result in a heightened duty to accommodate even pregnant employees who do not meet the ADA’s definition of disability. NWLC argues that the PDA requires employers to treat pregnant women at least as well as other employees with similar limitations in their ability to work. Because the ADA requires employers to accommodate a wider variety of medical conditions, pregnant women will often have similar limitations to people who are entitled to accommodations under the act – which means that they’ll be entitled to accommodations as well. For example, the Equal Employment Opportunity Commission (EEOC) has made it clear that the ADA requires reasonable accommodation of a temporary back injury that leaves an employee unable to lift 20 pounds for a few months. Because pregnant workers must be treated as well as employees with similar work limitations, a worker who has been instructed not to lift weights of more than 20 pounds because of her pregnancy must also be accommodated, according to NWLC.
To ensure that employers’ legal obligations to provide accommodations are unmistakable, the NWLC and a broad coalition of groups from the health, disability, and women’s rights communities are urging Congress to pass the Pregnant Workers Fairness Act (PWFA) – draft legislation which states that pregnant women are entitled to reasonable accommodations that can be provided without undue hardship to an employer. These are the same types of accommodations that are available to people with disabilities under the ADA. In addition, some state laws already give pregnant workers’ rights to workplace accommodations, as described in a recent report by Equal Rights Advocates.
Accommodating pregnant employees is also in the financial interest of employers. The NWLC provides several sound business reasons why employers should accommodate their pregnant employees in the same way that they do for workers with disabilities. Data show that the costs of these accommodations are likely to be minimal, and that providing them will have bottom- line benefits to the employer: including reduced workforce turnover, increased employee satisfaction and productivity, and lower Workers Compensation and other insurance costs.
Despite the legal and financial arguments, some employers are still not accommodating pregnant employees. This is why the EEOC recently identified “accommodating pregnancy-related limitations under the ADAAA and the PDA” as a priority area for itsenforcement efforts through 2016.
If you are an employee who was not accommodated during your pregnancy or you believe you were discriminated against on the basis of pregnancy, the NWLC would like you to share your story. Employers interested in sharing their experiences accommodating pregnant employees or in consulting about best practices are also invited to contact NWLC, at [email protected].
Keep in mind that when it comes to providing accommodation ideas, Job Accommodation Network (JAN) consultants will brainstorm accommodation ideas for anyone with any type of limitation, including limitations related to pregnancy, whether or not the ADA covers the condition. So, if you’re an employer trying to accommodate pregnant employees, or a pregnant employee looking for accommodation ideas to offer your employer, feel free to contact JAN for assistance!
-Linda Carter Batiste, J.D.,
Principal Consultant with comments from the National Women’s Law Center
P.S. Speaking of job accommodations, HRThatWorks members can join us for a joint webinar with JAN on Providing Accommodations for Employees with Mental Health Impairments, to be held March 20th at 1PM EST by going tohttps://www1.gotomeeting.com/register/324256449.
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Unfortunately, there are all too many bullies in the workplace — and, all too often, their abusive behavior has led to violent, even fatal, employee rampages that have made the headlines. It makes sense for business owners and managers to deal with on-the-job bullying before it escalates into a potentially deadly situation.
Recognizing a bully in the workplace can be difficult. These people often have “Jekyll and Hyde” personalities: They can be extremely charming, polite, and respectful in public. However, as a rule, bullies: 1) don’t believe in following the rules of society; 2) crave negative attention; 3) try to put others down by manipulating and degrading them in front of their peers; 4) seek power; and 5) spread untrue rumors in the workplace, disrespect their victims, and refuse to listen to them.
Because there are no federal or state laws against workplace bullying, it might be hard to fire a bully right away. However, there are ways to deal with this problem.
Institute a zero-tolerance policy toward bullying. Your employee handbook and codes of conduct should set a clear definition of the consequences and punishment for bullying, with a specific list of actions for dealing with it.
Enforce the policy. When it’s time to discipline a bully, sit down with the accused person, their supervisor, and someone from your human resources department. If the bully offers to apologize and promises never to repeat the behavior, you might settle the matter by writing a letter of reprimand to be kept in their personnel file. You might also put the employee on probation, with close supervision by their supervisor, and let them know that any further bullying will result in termination.
If you’d like advice on creating and implementing an anti-bullying policy for your workplace, just give us a call.
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A lot of companies say “Safety is our Number One priority.” However, when the chips are down and production needs to increase, safety might suddenly become Number Two.
In an effective workplace health and safety program, the employer places a high priority on a safe workplace, employees participate willingly in keeping themselves safe on the job — and the company’s Workers Comp premiums stay low!
To develop and maintain safety as a “core value” among your employees, we’d recommend following these guidelines:
- Encourage employees to think about safety 24/7.
- Talk about safety all the time.
- Make sure employees work safely. This job falls largely to your supervisors, who need to have good safety attitudes. You and your staff should keep checking up, monitoring performance, and being visible.
- Encourage employee participation, suggestions, questions, and even complaints about unsafe conditions.
- Set an example. If workers see you and your safety staff wearing PPE, following rules, eliminating hazards, and investigating incidents, they’ll follow your lead in taking safety seriously.
- Provide positive feedback for safe performance and attitudes. People love recognition and praise for doing the right thing.
- Correct reported safety hazards immediately. Nothing shows that you have a good safety attitude more than demonstrating that you care and are looking out for your workers.
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Industry experts expect a 13% average hike in Workers Compensation premiums in 2013, driven by a variety of reasons, from widespread fraud to the growth of lawsuits for work-related injuries.
One factor in these increases: Higher medical expenses for treatment of obese workers for the “co-morbid” ailments (such as diabetes and heart attacks) that stem from their expanding waistlines. A 2007 Duke University Medical School study found that overweight workers file more Comp claims, have higher medical costs, and miss more workdays due to job-related injuries than do their non-obese counterparts.
A recent nationwide study of insurers doing business in 40 states confirms this conclusion. The survey by NCCI Holdings, Inc. found that the length of Workers Comp indemnity benefits paid to the most severely obese workers is more than five times greaterthan that of non-obese workers who file comparable claims. When the study included the duration of permanent partial disability, the multiple climbed to more than six to one.
This relationship between worker obesity and Workers Comp costs reinforces the need for employers to offer their workers weight management programs. In addition to keeping these costs under control, these plans will help to reduce absenteeism and increase workplace productivity — not to mention help employees get, and remain, healthy. What’s not to like?
Our agency’s Workers Comp professionals stand ready to help you develop and implement a weight reduction program for your employees. Feel free to get in touch with us at any time.
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When it comes to workplace safety, have you considered the company parking lot or garage? Your workers use it at least twice a day to stow and shelter their vehicles, but beyond that it’s fairly invisible. A closer look reveals that predators might easily be lurking there. To minimize this threat, experts recommend ensuring that workers (as well as visitors) take these precautions:
- Stay alert for cruising vehicles, whose drivers can stop suddenly and jump out to rob or assault you.
- If you’re using a parking lot, park near the building in a visible, lighted area.
- In a parking garage, park near the parking attendant (if there is one) or near a well-lit exit. Women should avoid using stairs and elevators, if possible.
- Use the main exit/entrance rather than a side or secluded one.
- Lock any valuables (including GPS, shopping, other bags, etc.) out of sight. If you’re walking to your vehicle after hours, ask a co-worker or security officer to accompany you.
- If you have to walk alone, ask someone to watch from inside, if possible. Turn around frequently to make sure you’re not being followed and pretend that you’re waving to someone ahead to give the impression you’re not alone.
- Don’t talk on your cellphone or listen to music with ear pods — predators are looking for victims who seem distracted or unaware.
- Have your car keys and personal alarm or whistle ready as you approach your vehicle.
- If someone nearby looks suspicious, keep walking and get to a safe place where you can call for help.
- Before you unlock the door, take a good look around, inside, and behind the vehicle.
- Once you enter the vehicle, lock all doors promptly and keep your windows up until you’ve exited the lot or garage.
Words to the wise.
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Workplace safety signs and tags play a key role in helping prevent accidents to workers and visitors alike.
To make the most effective use of signs and tags in your facility that comply with OSHA regulation (29 CFR 1910.145), we’d recommend that you follow these guidelines:
- Identify all hazards throughout the workplace. In addition to obvious dangers, include those that are out of the ordinary, unexpected, or not readily apparent.
- Select or design signs and tags. Make sure they conform to OSHA requirements and are consistent in format.
- Use proper wording. According to OSHA, “the wording of any sign should be easily read, concise, and contain sufficient information to be easily understood.”
- Position signs carefully. Signs should be placed so that they’re easy to see and read from a distance and draw maximum attention to hazards.
- Identify safety and fire protection equipment clearly. This includes such items as eyewash stations and safety showers, as well as fire extinguishers and hoses.
- Employ tags properly. OSHA requires that “tags shall be used as a means to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment, or operations.”
- Review your program whenever new hazards are introduced. If you just put up signs and tags and forget about them, your facility probably won’t be in compliance with the OSHA regulations. Check the program frequently to make sure that it’s still doing the job.
The workplace safety professionals at our agency would be happy to help you review your signage and tag policy. Give us a call at any time.
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