“Expecting Accommodations: Best Practices for Accommodating Pregnant Employees"

Anandhi Rajan and Crystal Stevens McElrath authored an article for the June 2018 issue of Employee Benefit Plan Review discussing considerations for employers to be compliant and accommodating when it comes to managing pregnant employees.

Employers are subject to anti-discrimination regulations favoring pregnant employees on the federal, state and city level. These regulations often relate to requiring employers to approve light duty work for pregnant employees when available, as well as prohibiting employers from denying promotions or otherwise discriminating against women on the basis of pregnancy, childbirth or related medical conditions.

Rajan and McElrath offer readers some proactive steps to avoid allegations of pregnancy discrimination, including:

• review local and state laws;
• draft job descriptions that outline the essential job functions and emphasize physical requirements so that managers can consider accommodations and modifications;
• ensure that managers are trained on the interactive process of identifying whether any accommodations are needed;
• conduct an internal audit to assess the available light duty work that can be offered as an alternative; and
• be mindful to avoid retaliation or penalization of employees who exercise their rights with respect to accommodations and leave.

For the full article, please click here.