New Federal Accommodation Law – Current, Past, or Potential Pregnancy
The Pregnant Workers Fairness Act (PWFA) became effective on June 27 and the EEOC has begun accepting discrimination charges. The law was included in a consolidated appropriations bill signed into law on December 29, 2022 with virtually no public reporting. The EEOC issued proposed regulations on August 11 detailing the agency’s problematic enforcement position.
The PWFA accommodation obligations extends to current pregnancy, but also “past pregnancy” and even “intending pregnancy.” Bank accommodation is required if the employee is affected by a “condition,” such as anxiety, dehydration, loss of balance, and others described as “minor and/or episodic.” Employees are entitled to protection even if they cannot perform an essential function for a period of forty weeks.
We are already witnessing an increasing volume of employee requests and difficult operational questions. This session will include a detailed discussion of the new legal obligations, contrasting them with the well-known ADA standards. We will outline the limited opportunities to manage or scrutinize these accommodation requests. We will also provide “take and use” forms to assist in maintaining PWFA compliance.
What You’ll Learn
- What is the scope of employees potentially eligible for accommodation?
- What is the range of “conditions” which would trigger accommodation?
- How does the PWFA address an employee’s ability to perform essential functions?
- What employee agreement is necessary when crafting an accommodation?
- How is the “undue hardship” standard more demanding than the ADA?
- What documentation is not available under the PWFA, even though common under the ADA?
Who Should Attend?
HR, senior leaders, compliance, audit, and bank counsel.
Steve Greene specializes in employment litigation, employee benefit and compensation matters for community banks. He regularly speaks to employment lawyers and human resources professionals in the financial services industry. During the past 35 years, Greene has managed federal and state regulatory investigations and litigation across the country. His work has also included working with the American Bankers Association and its state affiliates to educate the DOL, Congress, and the Administrations. Greene was the cofounder of Employment Law Compliance in 1998 as a partner with the Community Bankers Council.
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