IAMU Informer
Follow IAMU!
  • Informer News Feed
  • IAMU Website

AttorneyConnect - Is It Time to Reexamine Policies on Pregnancy Accommodation?

9/28/2016

0 Comments

 
Picture
by Patrick D. Smith, Attorney with the law firm of Bradshaw, Fowler, Proctor & Fairgrave, P.C.

How to best accommodate pregnant employees is a frequent challenge Iowa employers face. Pregnant employees may be entitled to protection under the laws prohibiting discrimination on the basis of pregnancy, as well as those laws requiring equal treatment based upon gender and disability. Many employers, including municipal employers, have tried to walk this fine line with policies that allow for accommodation of a temporary disability only if it is the result of an on‐the‐job injury. For non‐work related temporary disabilities (which presumably includes pregnancy almost all the time), no accommodation is offered.

The theory behind such policies is to treat similarly situated employees equally, regardless of gender or the nature of the temporary disability. The distinction is drawn between work and non‐work causes of the temporary disability. The rationale for treating on‐the‐job injuries differently is that the workers’ compensation law provides an incentive to return injured workers to work as soon as possible, so as to avoid paying benefits for temporary total disability.
Until about the last year or so, this was a workable policy for an employer to have. But, two cases decided last year, one by the U.S. Supreme Court (Young v. UPS) and one by the Iowa Supreme Court (McQuistion v. City of Clinton) should cause employers to re‐visit and possibly change their policies governing temporary disabilities and pregnancy accommodations. The McQuistion case is particularly important for municipal employers, as it involved potential accommodations to which a pregnant firefighter claimed entitlement.

Both cases dealt with employer policies of the type described here. That is, accommodation was provided for some temporary disabilities, but not others, with pregnancy being within those that were not subject to accommodation. Although the U.S. Supreme Court addressed federal law and the Iowa Supreme Court addressed state law, the practical result from both opinions is the same: This type of policy is presumed to violate the law against pregnancy discrimination. The employer can overcome this presumption if it can show the legitimate reason underlying the policy is sufficiently strong to justify the burden it places on pregnant employees. But, if the practical effect of the employer’s policy is to accommodate a large percentage of non‐pregnant employees while a large percentage of pregnant employees are not accommodated, it will be difficult for the employer to carry its burden.

In the end, a jury will get to decide whether your policy is justified or creates an unreasonable burden. The best way to avoid litigation is to change the policy that automatically results in pregnancy not being accommodated. Each and every condition that results in a disability should be evaluated on its own merits to determine whether it can be accommodated. While this may create more burdens for you each time you have to address a pregnancy‐related request for accommodation, it is more likely to keep you from being sued.

Questions or comments, contact AttorneyConnect at 800‐820‐6490, or email attorneyconnet@bradshawlaw.com.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Subscribe to The Informer!

    * indicates required

    Archives

    April 2023
    March 2023
    February 2023
    January 2023
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014

    RSS Feed

Picture

Copyright 2023 Iowa Association of Municipal Utilities