BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, July 24, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide employment practitioners through the Equal Employment Opportunity Commission's (EEOC) expansive Pregnant Workers Fairness Act (PWFA) final regulations, effective June 18, 2024, and the impact these will have on employers. The panel will address how the PWFA framework differs from that of the ADA. The panel will also provide examples of what may be considered reasonable accommodation under the PWFA, discuss when employers may seek supporting medical documentation, and offer best practices for compliance.

Faculty

Abigail Barr
Partner
Ice Miller LLP

Ms. Barr focuses her practice on helping employers avoid and resolve labor and employment law issues. She has extensive experience in litigation, collective bargaining, mediation, and arbitration, practicing before the EEOC, Ohio Civil Rights Commission, and both state and federal courts. Ms. Barr has represented a wide variety of employers—both public and private—in employment litigation and has successfully litigated cases involving employment discrimination, retaliation, and trade secrets as well as several wage and hour class and collective actions. In addition to her litigation practice, Ms. Barr counsels employers on union relations, Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act as well as various state and federal wage and hour laws. She also routinely advises clients on employee handbooks and policies, restrictive covenants, such as noncompetition and non-solicitation agreements, and provides counsel on employment agreements and exit plans. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Jessica L. Craft
Of Counsel
Littler Mendelson PC

Ms. Craft focuses on management-side employment litigation and civil defense practice. She has extensive experience in defending employers in claims of discrimination, harassment, and retaliation. Ms. Craft provides direct counseling and advice and enjoys assisting employers on the complexities of various federal and state laws. As part of that work, she routinely assists in developing policies and procedures. She particularly enjoys providing counseling and advice on the PUMP Act and the Pregnant Workers Fairness Act. Ms. Craft also regularly defends employers in collective and hybrid actions brought under the Fair Labor Standards Act.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The EEOC's recently issued final regulations under the PWFA, effective June 18, 2024, take an expansive view of the statute's requirements. While the final rule's requirements track ADA requirements in certain ways, it makes significant departures in others. Employment counsel and their clients should understand the new rule's requirements to make the necessary accommodations for eligible employees and applicants and mitigate the risk of enforcement actions.

The PWFA requires employers with 15 or more employees to provide reasonable accommodation to qualified employees or applicants who are experiencing known limitations related to "pregnancy, childbirth, or related medical conditions," unless doing so would cause the employer "undue hardship." The final regulations broadly define covered medical conditions to include: (1) current, past, and potential pregnancy; (2) childbirth; (3) lactation; (4) use of contraception; (5) infertility treatments; and (6) abortion, among other conditions, including preexisting conditions that have been exacerbated by pregnancy, childbirth, or related medical conditions.

While the PWFA incorporates the definitions of reasonable accommodation and undue hardship found in the ADA, the regulations provide a different framework for determining whether an employee is "qualified" and allow for the temporary suspension of performing essential job functions as reasonable accommodation. Furthermore, even though the final rule largely tracks the ADA related to engaging in the interactive process, it differs in others. For example, the final rule provides that employers must respond to employee requests with "expediency" and encourages granting an interim accommodation while going through the interactive process.

Listen as our expert panel guides practitioners through the EEOC's expansive PWFA final regulations. The panel will discuss employer requirements, compare the final regulations to the ADA's requirements, and offer best practices for compliance.

Outline

  1. Introduction: history of the final rule
  2. EEOC's PWFA final rule
    1. Covered employers
    2. Eligible employees and applicants
    3. Covered medical conditions
      1. Expansive definition of "pregnancy, childbirth or related medical conditions"
      2. Level of severity required
    4. Reasonable accommodation
      1. Temporary suspension of essential job functions
      2. Accommodations assumed to be reasonable
      3. Leave as a last resort
      4. Examples of reasonable accommodation
    5. Medical documentation and inquiries
    6. Employer defenses
  3. ADA interaction
  4. Agency enforcement
  5. Best practices for compliance

Benefits

The panel will review these and other key considerations:

  • Who are covered employers under the PWFA? Eligible employees and applicants?
  • What medical conditions are covered under the PWFA?
  • What obligations are required of employers under the PWFA? How do these differ from employer obligations under the ADA?
  • What are examples of reasonable accommodation under the PWFA? When is leave considered a reasonable accommodation under the PWFA?
  • Under what circumstances should employers not request supporting medical documentation for certain accommodation requests under the PWFA?