Ref ID: WEB022-2017
Release date: Nov 1, 2017
Expiration date: Oct 31, 2019
Topic: The New and Evolving Standard for Accommodating Pregnant Employees
Presenter: Stephen A. Burt, MFA, BS
Member: $20 Non-Member: $35
Click here to register – $20 to member and $35 for non-member
About 75% of the 68 million women working in the United States will become pregnant at some point in their lives. Historically, pregnant women and women with pregnancy-related medical conditions have faced significant discrimination in the workplace. Congress passed the Pregnancy Discrimination Act (PDA), which defines discrimination on the basis of pregnancy as sex discrimination for purposes of Title VII and clarifies that pregnant employees “shall be treated the same” as non-pregnant employees who are “similar in their ability or inability to work.” The PDA forbids not only disparate treatment but also disparate impact, the latter of which prohibits “practices that are not intended to discriminate but in fact have a disproportionate adverse effect.” The PDA and lawsuits filed under the PDA have helped alleviate some long-standing injustices, but pregnancy discrimination is still a reality for many workers. The United States Supreme Court recently issued an opinion in Young v. United Parcel Service, Inc. that may create more questions than answers for employers considering how to accommodate pregnant employees in the workplace. The best practice for employee health professionals and others who may handle accommodation requests for pregnant employees is to handle them the same way similar requests were handled for non-pregnant employees. However, many companies have provisions in place today that provide for light or modified duty only to workers who suffer injuries on the job. In light of the Supreme Court’s decision, these policies should be reviewed carefully with legal and employment policy experts, as a pregnant employee under similar physical restrictions will now have an easier road to establishing discrimination on the basis of pregnancy if denied an accommodation offered to an employee who suffered a workplace injury.
1. Learn the basics of the Pregnancy Discrimination Act (PDA) and how the Americans with Disabilities Act may impact the PDA.
2. Describe the issues behind the Supreme Court ruling Young v. United Parcel Service, Inc.
3. Identify those policies and procedures which may be in violation of the PDA.
4. Review the three main issues courts have used to provide guidance on the PDA.
Stephen A. Burt is President and CEO of Healthcare Compliance Resources, an affiliate of Woods Rogers Consulting, a company developing and delivering strategic solutions to today's healthcare regulatory compliance problems. From 1981 to 1994, as Corporate Director of Environmental Health for Carilion Healthcare System (Roanoke, VA), he was responsible for OSHA, EPA and Joint Commission compliance and was awarded the prestigious American Hospital Association’s Phoenix Award in 1988. During this time, he was non-legislative appointee to the Joint Legislative Administrative Review Commission (JLARC). Most recently, he served two years as the Corporate Administrator of Employee Safety for Inova Health System in Falls Church, VA, with responsibility in employee health and for OSHA compliance. Burt conducts over 30 full-day OSHA, HIPAA and employee health seminars annually for the University of North Carolina, Duke University, East Carolina University, AOHP, the Virginia Hospital and Healthcare Association, and the American Hospital Association, among others. He is a member of the Virginia Chapter Board and serves as Chair of the AOHP Government Affairs Committee. Burt is the Past Executive Vice President of AOHP.
Requirements for Completion
Successful completion of this activity includes submitting an accurate registration, making necessary payment, and reviewing all activity slides and the webinar presentation. Completion of the evaluation form is required.
Type of Activity
Statement of Credit upon Completion
Upon successful completion of this educational activity, participants will be provided a link to the evaluation. A link to the statement of completion will be provided at the end of the evaluation. This activity will expire on Oct 31, 2019. After this date, contact hours will not be earned.
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CE Contact Hours
This activity awards 1 contact hour
The Association of Occupational Health Professionals in Healthcare is accredited as a provider of continuing nursing education (CNE) by the American Nurses Credentialing Center's (ANCC) Commission on Accreditation.
ANCC Provider Number P0341
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