What if an employee becomes pregnant?
Pregnancy or childbirth may limit a woman’s ability to perform a job. Under Act 21, employers must provide reasonable accommodations to such women, unless those accommodations would be an undue hardship on the employer.
What if the job involves heavy lifting?
The employer must provide reasonable accommodations, such as providing lifting equipment.
What is an “undue hardship”?
An “undue hardship” is an accommodation that would be significantly difficult or expensive to put into place.
What if the woman can no longer perform the essential functions of the job?
The employer must engage in an ongoing discussion with the employee to explore different options that may accommodate the employee so that she can perform the essential functions of the job. At the end of the day the employee must be able to perform the essential job functions, with or without accommodations.
When does this law take effect?
January 1, 2018.
Beware: existing disability law has the same requirements. As an employer, you should provide reasonable accommodations to women with limitations caused by pregnancy, childbirth and related issues.
What are the penalties for failure to provide accommodations?
All the sanctions of the Fair Employment Practices Act, including damages and attorney’s fees.
Published: May 25, 2017 | Disclaimer