When does an employer need to accommodate a pregnant employee?
If an employer provides an accommodation to a nonpregnant employee but fails to provide a similar one to a pregnant employee, the law presumes that the accommodation does not impose an undue hardship on the employer. Pregnant employees are not supposed to get preferential treatment.
When does an employer have a duty to accommodate an employee?
Therefore, the employer can be expected to start the process of accommodating an employee. But, the Supreme Court also noted that it will not absolve a union of its duty if the union fails to suggest available alternatives. When the union and the employer discriminate, they share an obligation to remove or alleviate the source of discrimination.
Can a company require a pregnant woman to take a leave of absence?
Employers cannot require pregnant applicants or employees to accept an accommodation that they have not asked for or require them to take a leave of absence if the employer can provide a reasonable accommodation. Like the ADA, employers need not provide accommodations that impose an undue hardship to their operation.
How can an employer accommodate an employee with a disability?
For example, in a job where driving is an essential duty, an employer can accommodate an applicant with a disability by modifying a company car to meet the person’s individual needs unless doing so would cause undue hardship.
When does an employer have to make an accommodation for an employee?
Employers of choice make accommodations, whenever possible, for employees. According to the ADA, “an employer is required to make a reasonable accommodation to the known disability of an employee if it would not impose an ‘undue hardship’ on the operation of the employer’s business.
Can a company accommodate an employee with a disability?
A recent article about disability awareness and the Americans with Disabilities Act (ADA) sparked some serious questions about how far an employer needs to go to accommodate an applicant or an employee with a disability.
What should an employer do if an employee is pregnant?
Employers are also required to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of her health care provider.
Why does my employer have to accommodate my child care schedule?
Another reason an employer may not be allowed to require an employee to work a certain schedule could be religious accommodation. Although the standard for religious accommodation is lower than for a disability, there is still a duty to accommodate a bona fide religious reason for adjusting a work schedule when reasonably possible.