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

 

 

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@chkd.org

 

From: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie@mayo.edu>
Sent: Monday, January 13, 2025 10:27 AM
To: Higazi, Patricia <Patricia.Higazi@chkd.org>; MCOH-EH <mcoh-eh@mylist.net>
Cc: Deanna Prater <dprater@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@chkd.org>
Sent: Monday, January 13, 2025 8:50 AM
To: MCOH-EH <mcoh-eh@mylist.net>
Cc: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie@mayo.edu>; Deanna Prater <dprater@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

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

 

From: MCOH-EH <mcoh-eh-bounces@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@mylist.net>
Cc: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie@mayo.edu>; Deanna Prater <dprater@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@mylist.net> on behalf of Deanna Prater via MCOH-EH <mcoh-eh@mylist.net>
Sent: Friday, January 10, 2025 2:41:52 PM
To: mcoh-eh@mylist.net <mcoh-eh@mylist.net>
Cc: Deanna Prater <dprater@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

 

“If you change the way you look at things, the things you look at change.”