Tuesday, December 8, 2015

Best practices for accommodating pregnant and postpartum employees

Stinson Leonard Street LLP, Lexology

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service. This case addressed the extent to which employers must accommodate pregnant workers under the Pregnancy Discrimination Act (PDA). The Court held that an employer's accommodations policy must not "impose a significant burden on pregnant workers" unless the employer has legitimate and non-discriminatory reasons for implementation of the policy that are "sufficiently strong to justify the burden." (Read our prior alert on this case.) Lower courts have just begun to grapple with how to apply this standard in a meaningful way. In addition to remaining compliant with the PDA, employers need to navigate a web of overlapping laws addressing pregnancy-related and postpartum discrimination and accommodation issues. This article provides a road map for this area.

Read the story here.

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