Several weeks ago, I wrote that the Supreme Court’s decision to grant certiorari in Young v. UPS (the case about an employer’s reasonable accommodation obligation to pregnant employees under the PDA) might end up signaling the end of light duty policies that limited light duty availability to employees with worker’s compensation injuries or illnesses. (post here).
Today, the EEOC issued new enforcement guidance on employer’s reasonable accommodation obligations to pregnant employees that specifically addresses light duty policies. According to the new guidance, the EEOC states that:
[A]n employer cannot lawfully deny or restrict light duty based on the source of a pregnant employee’s limitation. Thus, for example, an employer must provide light duty for pregnant workers on the same terms that light duty is offered to employees injured on the job who are similar to the pregnant worker in their ability or inability to work.
Employers utilizing light duty policies in their workplaces should have their policies reviewed by their labor counsel. You can access the full EEOC Guidance here and the FAQ issued by the Commission here.
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