questions: 1) What limitations is the employee experiencing? 2) How do these limitations affect job performance? 3) What specific tasks pose a problem? and 4) What accommodations could reduce or eliminate the job performance issues? The broad categories of functions that can be affected by pregnancy-related limitations include bending, carrying, climbing, kneeling, lifting, pushing and/ or pulling, sitting, standing, temperature sensitivity, toileting or grooming issues, and dietary needs. Among the types of accommodations
employers should consider to address pregnancy-related limitations are reassigning marginal or nonessential job functions that pose a problem for the pregnant employee, modifying a work schedule, modifying workplace policies such as allowing a pregnant employee more frequent breaks, temporarily reassigning the employee to light duty, and granting leave.
Foundry Educational
Foundation History and Future at Cast Expo 2022
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to
client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
In light of the continuing focus on
employer workplace obligations to pregnant employees, defending a claim of failure to accommodate a pregnant employee’s job limitations may prove increasingly difficult for employers.
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Such claims are clearly a priority for EEOC enforcement and can become quite high profile and every employer should diligently seek to avoid them.
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