Educational series looks at how to manage pregnancy in the workplace

Raising the Bar, an educational series raising employer awareness of current issues in employment and labor law and offered by Detroit-based management side labor and employment law firm Nemeth Law, P.C., returns Oct. 15 to discuss how to manage pregnancy in the workplace in light of new, controversial EEOC guidelines. According to Patricia Nemeth, founder of Nemeth Law, P.C., the EEOC recently issued new guidelines which may require employers to provide light duty assignments to pregnant employees under certain circumstances. This guidance was issued over objections from two of the five EEOC Commissioners and appears contradictory to current Sixth Circuit (which includes Michigan) precedent as to the extent employers are required to 'accommodate' pregnant employees.

"The law around pregnancy in the workplace is rapidly changing. Regardless of the controversy surrounding it though, the EEOC's new guidance reflects the standards EEOC investigators will apply when looking into current pregnancy discrimination cases," Nemeth said. "Also, the United States Supreme Court is set to hear oral arguments on Dec. 3 on the case of a UPS worker who was forced to take an unpaid leave after she became pregnant, so this is definitely a closely watched issue."

Managing Pregnancy in the Workplace has been pre-approved by HR Certification Institute (HRCI) for 2.5 HR (general) recertification hours. The program will help employers understand how to manage pregnancy in light of the disagreement between federal courts and the EEOC as to what the law requires. Specific topics to be covered include:

- When an employer has to provide light duty work for pregnant employees

- Because pregnancy is not a disability, when an employer has to provide reasonable accommodation

- Whether an employer can require a pregnant employee to take a leave of absence

- Understanding if leave policies and mandatory work schedules have disparate impact on pregnant workers

- How/if a pregnant employee can use time off and FMLA during the pregnancy

Raising the Bar will be held on Wednesday, Oct. 15 from 9 a.m. until 11:45 a.m. at the Detroit Marriott Troy, 200 W. Big Beaver Rd., Troy 48084. Continental breakfast will be served at 8:30 a.m. The cost of the event is $60 per person and pre-registration is required. To register, e-mail Pamela Perkowski at pperkowski@nemethlawpc.com or call 313.567.5921.

Published: Tue, Sep 30, 2014