% VOICE.
% >> THANK YOU SO MUCH FOR HAVING
% ME.
% >> LAST AUGUST, WAL-MART
% EMPLOYEES IN WISCONSIN
% REPRESENTED BY THE U.S. EQUAL
% EMPLOYMENT OPPORTUNITY
% COMMISSION LOST A FEDERAL COURT
% CASE THAT TRIED TO ARGUE
% PREGNANT WORKERS, LIKE WORKERS
% INJURED ON THE JOB, SHOULD
% RECEIVE TEMPORARY LIGHT-DUTY
% WORK.
% NOW A NEW LAW REQUIRING
% REASONABLE ACCOMMODATIONS FOR
% PREGNANT WORKERS TAKES EFFECT
% NEXT MONTH.
% THE PREGNANT WORKERS FAIRNESS
% ACT PASSED IN DECEMBER AS PART
% OF-TRILLION-DOLLAR INFLATION
% REDUCTION ACT.
% FOR MORE ON WHAT'S BEING CALLED
% A LANDMARK NEW WILL YOU TAKING
% EFFECT JUNE 27th, WE TURN TO
% SHARYN TEJANI, ASSOCIATE LEGAL
% COUNSEL AT THE E.E.O.C.
% THANK YOU SO MUCH FOR JOINING%
US.%>> THANK YOU FOR HAVING ME.
% >> SO IN YOUR MIND, HOW BIG OF A
% GAME-CHANGER IS THIS FOR
% PREGNANT WORKERS?
% >> IT'S GOING TO BE AN IMPORTANT
% CHANGE FOR PREGNANT WORKERS.
% RIGHT NOW, UNDERS CERTAIN LAWS,
% PREGNANT WORKERS CAN GET
% ACCOMMODATIONS, BUT IT CAN BE
% DIFFICULT.
% THIS WEEK GIVES PREGNANT WORKERS
% A DIRECT WAY TO GET AN
% ACCOMMODATION.%OF COURSE WHAT
THIS PROVIDES FOR
% IS ACCOMMODATIONS AS LONG AS
% THEY DON'T CAUSE AN UNDUE
% HARDSHIP.
% IT'S NOT AN AUTOMATIC THING THAT
% A PERSPECTIVE WORKER WILL GET
% PREGNANT WORKER WILL GET AN
% ACCOMMODATION, BUT RATHER THAN
% SOMETHING TO DISCUSS WITH THEIR
% EMPLOYER AND SEE IF IT WORKS.
% >> WHAT WILL THE PERSPECTIVE
% FAIRNESS WORKERS ACT REQUIRE
% SPECIFICALLY IN TERMS OF THOSE
% ACCOMMODATIONS?%WHAT ARE SOM
E EXAMPLES THAT A
% PREGNANT WOMAN COULD SEE?
% >> SO WHEN YOU LOOK AT WHAT
% CONGRESS WAS TALKING ABOUT WHEN
% IT WAS PASSING THIS LAW, SOME OF
% THE ACCOMMODATIONS THEY WERE
% TALKING ABOUT WERE INCREDIBLY
% SIMPLE THINGS, THINGS LIKE
% CARRYING AROUND A BOTTLE OF
% WATER, ADDITIONAL BREAKS TO GO
% TO THE BATHROOM, A STOOL IF YOU
% NORMALLY HAVE TO STAND DURING --
% WHEN YOU'RE DOING YOUR JOB, AND
% LEAVE TO RECOVER FROM CHILDBIRTH
% AND OCCASIONALLY HAVING PARTS OF
% YOUR JOB EXCUSED BECAUSE OF YOUR
% PREGNANCY, YOU'RE UNABLE TO DO
% THEM, SOMETHING LIKE HEAVY
% LIFTING.
% >> IT SEEMS KIND OF INCREDIBLE
% THAT THERE WOULD NEED TO BE A
% FEDERAL LAW TO HAVE THESE
% ACCOMMODATIONS IN THE WORKPLACE.
% >> WELL, YES, BUT THERE DID NEED
% TO BE ONE.
% SOME EMPLOYERS OBVIOUSLY PROVIDE
% THESE KINDS OF THINGS TO THEIR
% EMPLOYEES AS A MATTER OF COURSE,
% AND IN CERTAIN TYPES OF JOBS,
% YOU KNOW, IF YOU'RE WORKING IN
% AN OFFICE, FOR EXAMPLE, LAWYERS,
% FOR EXAMPLE, WHO WORK IN A LAW
% FIRM, THE IDEA THAT THEY WOULD
% NEED A FEDERAL LAW IN ORDER TO
% BE ABLE TO CARRY WATER AROUND
% WITH THEM, OF COURSE NOT.
% MOST PEOPLE WHO WORK IN OFFICES
% ARE ABLE TO DO THAT.
% BUT DIFFERENT KINDS OF JOBS HAVE
% CERTAIN RULES AND FOR THOSE
% KINDS OF JOBS, THIS IS GOING TO
% BE A VERY IMPORTANT THING FOR
% PERSPECTIVE WORKERS UP UNTIL NOW
% DIDN'T HAVE A DIRECT PATH IN
% ORDER TO GET THESSALONIANS KINDS
% OF ACCOMMODATIONS THEN THESE
% KINDS OF ACCOMMODATIONS.
% >> HOW DOES A PREGNANT WORKER
% PROVE LIMITATIONS REQUIRING
% PREGNANCY?
% IS PREGNANCY ITSELF A KNOWN
% LIMITATION?
% >> WELL, THE STATUTE SAYS THAT A
% KNOWN LIMITATION IS A PHYSICAL
% OR MENTAL CONDITION RELATED TO
% ARISING OUT OF OUR AFFECTED BY
% PREGNANCY, CHILDBIRTH OR ANY
% RELATED MEDICAL CONDITIONS SO
% THERE AREN'T SPECIFIC EXAMPLES
% WITHIN THE STATUTE, BUT WHEN YOU
% LOOK AT WHAT CONGRESS WAS
% TALKING ABOUT, THEY WERE TALKING
% ABOUT THINGS LIKE CARRYING
% AROUND A BOTTLE OF WATER,
% SOMETHING THAT YOU MIGHT NEED IN
% ORDER TO KEEP HEALTHY WHILE
% YOU'RE PREGNANT AND ALSO
% SOMETHING THAT YOU MIGHT NEED,
% FOR EXAMPLE, IF YOUR ANKLES ARE
% SWELLING AND YOU NEED TO SIT
% DOWN, SO IT COULD BE ANY OF
% THOSE THINGS, BUT WHAT'S
% IMPORTANT TO UNDERSTAND IS THAT
% IT SEEMS THAT THEY WERE AIMING
% AT KIND OF SIMPLE THINGS THAT
% SHOULDN'T BE A BIG CHANGE IN HOW
% THE WORKPLACE IS FUNCTIONING
% BUT, RATHER, WHAT WILL MAKE IT
% EASIER FOR A PREGNANT WORKER TO
% DO THEIR JOB.
% >> ARE ALL PREGNANT WORKERS
% COVERED UNDER THIS LAW?
% >> THEY ARE COVERED IF THEY WORK
% FOR A COVERED EMPLOYER, AND
% THOSE ARE EMPLOYERS THAT HAVE AT
% LEAST 15 EMPLOYEES AND THE
% FEDERAL GOVERNMENT.
% >> YOU SPOKE TO THIS EARLIER,
% WHAT IF THE EMPLOYER SAYS THE
% ACCOMMODATION CAUSES THEM UNDUE
% HARD SMP?
% WHAT CONSTITUTES UNDUE HARDSHIP
% AND DOES THAT PRESENTLY A
% LOOPHOLE WHERE WORKERS WOULD NOT
% BE ABLE TO GET THESE
% ACCOMMODATIONS?%>> I DON'T T
HINK IT'S A
% LOOPHOLE.%IT'S A DEFENSE.
% IF THE PLAYER CAN SHOW THAT
% WOULD CAUSE SIGNIFICANT IS
% DIFFICULTY OR EXPENSE, THEN THE
% EMPLOYER DOES NOT HAVE TO
% PROVIDE THE ACCOMMODATION, AND
% SO IT BALANCES THE NEEDS OF THE
% PREGNANT WORKERS AND THE NEEDS
% OF THE EMPLOYERS OVER WHAT THE
% EMPLOYER HAS TO SHOW IS A
% SIGNIFICANT DIFFICULTY OR
% EXPENSE IN GIVING SIMPLE
% ACCOMMODATIONS THAT MIGHT BE
% NECESSARY.
% HOPEFULLY THAT WON'T BE WHAT THE
% EMPLOYERS ARE SAYING.
% >> HOW DOES AN EMPLOYEE ASSERT
% THEIR RIGHT TO THESE
% ACCOMMODATIONS UNDER THIS LAW?
% >> WELL, THE EMPLOYER ONLY HAS
% TO ACCOMMODATE THINGS THAT IT
% KNOWS ABOUT.
% SO IN THE FIRST STEP, IT'S THE
% EMPLOYEE SAYING, I NEED AN
% ACCOMMODATION AND THIS IS WHY.
% THEN THE LAW TALKS ABOUT USING
% SOMETHING CALLED THE INTERACTIVE
% PROCESS, WHICH IS SOMETHING
% THAT'S FROM THE AMERICANS WITH
% DISABILITIES ACT, WHERE THE
% EMPLOYER AND THE EMPLOYEE JUST
% CAN TALK OR EMAIL OR SOMEHOW
% COMMUNICATE ABOUT WHAT THE
% EMPLOYEE NEEDS AND WHAT THE
% EMPLOYER CAN GIVE.
% >> WHAT HAS HAPPENED TO PREGNANT
% WORKERS BEFORE THIS LAW THAT
% REALLY REQUIRED IT TO BE PUT IN
% PLACE?
% SO PREGNANT WORKERS WERE OFTEN
% FACED WITH A VERY DIFFICULT
% CHOICE.%THEY COULD EITHER KE
EP THEIR
% PAYCHECK OR DO SOMETHING THAT
% EITHER CAUSED THEM PAIN, THAT
% THEY COULDN'T DO BECAUSE OF
% THEIR PREGNANCY OR THAT THEY
% THOUGHT PUT THEIR PREGNANCY OR
% THEIR OWN HEALTH AT RISK, AND
% WITH THIS LAW, ABSENT UNDUE
% HARDSHIP, HOPEFULLY THAT WON'T
% BE HAPPENING.
% >> ALL RIGHT.
% WELL, WE APPRECIATE YOUR
% EXPERTISE ON THIS, SHARYN