Workplace Pregnancy-Related Accommodations: Navigating Evolving Federal, New State and Local Laws

Structuring Policies Consistent with PDA, ADAAA, FMLA and State Obligations, Avoiding Liability and Retaliation Claims, Crafting Strategic Defense Techniques

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 28, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment counsel on best practices to avoid pregnancy discrimination claims for failure to provide accommodations and for retaliation within a convoluted legal framework. Specifically, the panel will review employment policy structure and defense techniques.

Description

Claims filed by pregnant workers have increased by about 50% over the past decade. Most claims entail allegations that the employer failed to provide a reasonable accommodation when requested. The EEOC is making investigations of these these types of complaints a higher priority—and will aggressively pursue potential violations.

Employment counsel must ensure clients are in compliance and prepare an effective defense if a claim is made, despite an unclear legal framework governing pregnancy accommodations. Beyond the intricate federal regulations, including the PDA, FMLA and ADAAA, several state and local legislatures are passing their own laws regarding accommodations employers must provide.

Counsel must guide employers in developing and implementing policies that are consistent among the relevant ordinances and state and federal statutes that may be the basis for a complaint or cause of action by a pregnant employee.

Listen as our distinguished panel reviews the various sources for pregnancy accommodation causes of action. They will also provide counsel with best practices in handling and recognizing pregnancy accommodation requests and avoiding claims of discrimination.

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Outline

  1. Legal framework
    1. Federal statutes (PDA, FMLA and ADAAA)
    2. State statutes
    3. Local ordinances
  2. Accommodation requirements
  3. Retaliation
  4. Defense theories

Benefits

The panel will review these and other key questions:

  • What are the various legal bases for pregnancy accommodation requests?
  • What are the best practices in creating policies that are consistent and effective amongst varying legal requirements?
  • What types of accommodations must employers provide to pregnant employees?
  • What processes must be in place to avoid claims of retaliation?
  • If a claim is brought against an employer, what are the defense theories and techniques?  

Faculty

Barbara A. Gross
Barbara A. Gross

Shareholder
Littler Mendelson

Ms. Gross has more than 15 years of litigation and counseling experience that encompasses all employment and labor...  |  Read More

Huggett, Thomas
Thomas Benjamin (Ben) Huggett

Shareholder
Littler Mendelson

Mr. Huggett focuses his practice exclusively on representing management in all aspects of labor and employment law. He...  |  Read More

Krista Stevenson Johnson
Krista Stevenson Johnson

Shareholder
Littler Mendelson

Ms. Johnson advises and represents management clients in employment and labor litigation, focusing on employment class...  |  Read More

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