[MCOH-EH] Accommodation of pharmacy personnel.

[Higazi, Patricia]

It is a much higher standard than the ADA.  Under the Pregnant Workers Fairness Act (PWFA), the "essential functions" section is legally significant because it allows an employee to be considered "qualified" even if they are temporarily unable to perform certain essential job functions due to pregnancy, childbirth, or related medical conditions, as long as they can reasonably perform those functions "in the near future" with a reasonable accommodation; essentially, employers must provide accommodations for temporarily impacted essential functions, unlike under the ADA where an inability to perform essential functions generally disqualifies an individual from protection.
Also different is that the condition does not need to be considered a disability and the protection around having to get medical certification.  The conditions under which PWFA would come in are very encompassing according to our HR legal team

  *   Employers must accommodation known "limitations" related to, arising from or affected by pregnancy, childbirth or related medical conditions
  *   Unlike an ADA disability, a "limitation" can be modest, minor, temporary or episodic
  *   Includes accommodations needed to "maintain" health even if there is no current problem
  *   The regulations list as non-exhaustive examples conditions other than pregnancy, including:
     *   infertility and fertility treatment;
     *   the use of contraception;
     *   termination of pregnancy - including via miscarriage, stillbirth, or abortion;
     *   Anxiety and depression (pre and post-natal);
     *   Migraines;
     *   pregnancy-related sicknesses, ranging from nausea or vomiting to edema, from preeclampsia to carpal tunnel syndrome;
     *   Lifting restrictions;
     *   lactation and issues associated with lactation; and
     *   menstruation


  *   Show all

Patricia Higazi MSN RN COHN
Occupational Health Director
Children's Hospital of The King's Daughters
Norfolk, Virginia
Tel: 757 668 7491
Fax: (757) 668 8775
Email: patricia.higazi at chkd.org<mailto:patricia.higazi at chkd.org>

From: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie at mayo.edu>
Sent: Monday, January 13, 2025 10:27 AM
To: Higazi, Patricia <Patricia.Higazi at chkd.org>; MCOH-EH <mcoh-eh at mylist.net>
Cc: Deanna Prater <dprater at luhonline.com>
Subject: RE: Accommodation of pharmacy personnel.


External:
Yes, but that's basically just requiring employers evaluate accommodation requests for pregnancy-related conditions using the same standard as the ADA. Not requiring the employee do the key functions of their job, or reassigning them to a different job, has generally not been considered a reasonable accommodation under the ADA. Accommodations need to enable the worker to do the key functions of their current position.

Thanks,

Melanie

From: Higazi, Patricia <Patricia.Higazi at chkd.org<mailto:Patricia.Higazi at chkd.org>>
Sent: Monday, January 13, 2025 8:50 AM
To: MCOH-EH <mcoh-eh at mylist.net<mailto:mcoh-eh at mylist.net>>
Cc: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie at mayo.edu<mailto:Swift.Melanie at mayo.edu>>; Deanna Prater <dprater at luhonline.com<mailto:dprater at luhonline.com>>
Subject: [EXTERNAL] RE: Accommodation of pharmacy personell.

Remember that the Pregnant Workers Fairness Act comes into play here, making it much more challenging to show undue hardship.  Likely these kinds of cases will be determined by case law over the coming years but not much guidance yet <https://www.eeoc.gov/statutes/pregnant-workers-fairness-act>
Pregnant Workers Fairness Act <https://www.eeoc.gov/statutes/pregnant-workers-fairness-act>




Patricia Higazi MSN RN COHN
Occupational Health Director
Children's Hospital of The King's Daughters
Norfolk, Virginia
Tel: 757 668 7491
Fax: (757) 668 8775
Email: patricia.higazi at chkd.org<mailto:patricia.higazi at chkd.org>

From: MCOH-EH <mcoh-eh-bounces at mylist.net<mailto:mcoh-eh-bounces at mylist.net>> On Behalf Of Swift, Melanie D., M.D., M.P.H. via MCOH-EH
Sent: Saturday, January 11, 2025 5:32 PM
To: MCOH-EH <mcoh-eh at mylist.net<mailto:mcoh-eh at mylist.net>>
Cc: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie at mayo.edu<mailto:Swift.Melanie at mayo.edu>>; Deanna Prater <dprater at luhonline.com<mailto:dprater at luhonline.com>>
Subject: Re: [MCOH-EH] Accommodation of pharmacy personell.


External:
Wise words, Deanna. If their OB/GYN restricts them from handling chemo, and you can't accommodate, then she would have to go on medical leave. Usually it's a request and not a restriction but always good to clarify. Keep in mind the possibility that the worker may have had prior negative pregnancy outcomes, or a unique risk that you don't know about. So while we can reassure them about all the safety measure in place which greatly reduce everyone's risk, she and her doctor may still choose the medical leave based on her individual situation.

Melanie
________________________________
From: MCOH-EH <mcoh-eh-bounces at mylist.net<mailto:mcoh-eh-bounces at mylist.net>> on behalf of Deanna Prater via MCOH-EH <mcoh-eh at mylist.net<mailto:mcoh-eh at mylist.net>>
Sent: Friday, January 10, 2025 2:41:52 PM
To: mcoh-eh at mylist.net<mailto:mcoh-eh at mylist.net> <mcoh-eh at mylist.net<mailto:mcoh-eh at mylist.net>>
Cc: Deanna Prater <dprater at luhonline.com<mailto:dprater at luhonline.com>>
Subject: [EXTERNAL] [MCOH-EH] Accommodation of pharmacy personell.

This is a tough one, and you may want to consult your attorney.  Facilities have to offer a REASONABLE Accommodation.  If you can allow the pregnant worker or male worker accommodation while trying to conceive and have other workers perform that task, expecting that the worker would go back to these duties after their pregnancy/breastfeeding, then that might work.  You could get into issues, however, if other workers complain that the burden of those tasks is being placed on them.  Since you can't offer that accommodation to all pharmacy workers, then that is where you could get into issues (simply because SOMEBODY has to that job).


Deanna Prater BSN, RN, CPHQ
Director of Infection Control, Employee Health & Safety
Lower Umpqua Hospital
600 Ranch Road
Reedsport, Oregon 97467
Office:  (541) 271-6323
Fax:  (541) 271-6353
dprater at luhonline.com<mailto:dprater at luhonline.com>

"If you change the way you look at things, the things you look at change."


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