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 SOME 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 THINK 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 KEEP 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