Historically, a pregnant woman with a “normal” pregnancy was not considered “disabled” under the Americans with Disabilities Act, and, therefore, there was no requirement for employers to provide her with a reasonable accommodation during pregnancy. Effective later this year, that rule will change, and employers must provide reasonable accommodations to pregnant workers to perform the essential functions of their jobs. Additionally, a new law that recently went into effect requires certain employers to provide reasonable break time for all employees, including salaried employees, to express breast milk as needed and to provide a clean and private space for nursing mothers to express milk separate and apart from restrooms. This presentation will cover these new laws, the historical background of these laws, and steps employers should take to ensure compliance with these laws.
Key topics to be discussed:
The history of requirements for accommodations for pregnant workers under federal law and current requirements for accommodations under the new Pregnant Workers Fairness Act
Reasonable accommodations under the Pregnant Workers Fairness Act
Break requirements for nursing mothers to express breastmilk
Date: May 23, 2023
Donald L. Samuels | Polsinelli
Don Samuels offers more than 35 years of experience in the areas of Employment Law and Litigation. He is a passionate advocate and trusted advisor to his clients with a strong reputation for his in-depth knowledge of the law, high standards, practical approach, integrity and understanding of client needs. Don has a client base that spans from S&P 500 companies and manufacturing enterprises to city governments and start-up technology companies. While covering all aspects of Employment Law and all phases of Litigation, Don represents employers throughout the United States and holds licenses in Colorado, California and Texas. Don’s extensive experience specifically includes:
Wage and hour issues, including class and collective actions
Discrimination and wrongful termination claims
Sexual and racial harassment claims
Whistle blower and retaliation claims
Enforcement of non-compete and restrictive covenants
Enforcement of non-compete and restrictive covenants Don’s client relationships and counsel often include:
In-house training on sexual harassment, performance management, hiring practices and Golden Rule Management (SM)
Don is also an employment law arbitrator for the American Arbitration Association, a member of the board of directors of the Colorado Judicial Institute and mentor at Denver University Law School.
Emily E. Tichenor | Polsinelli
Emily Tichenor focuses her practice in the area of employment advice and investigations. In her work, Emily provides organizations guidance on a wide variety of employment topics. She has also successfully represented organizations of all sizes before state and federal courts and administrative agencies and has assisted employers in obtaining favorable decisions before the Equal Employment Opportunity Commission and the Occupational Safety and Health Administration. Additionally, Emily has counseled employers to resolve disputes and avoid litigation.
I. The history of requirements for accommodations for pregnant workers under federal law and current requirements for accommodations under the new Pregnant Workers Fairness Act | 2:00pm – 2:20pm
II. Reasonable accommodations under the Pregnant Workers Fairness Act | 2:20pm – 2:40pm
III. Break requirements for nursing mothers to express breastmilk | 2:40pm – 3:00pm