MANAGING BEST PRACTICES: Protecting pregnant employees How to communicate risks
In ISHN’s July and August 2006 “Managing Best Practices†columns, we discussed two challenges to protecting pregnant employees from workplace hazards in the U.S.
The first challenge is the federal government’s decision not to establish rules. Without rules, each employer is left to figure out the problem on their own.
The second challenge: When figuring out how to solve the problem, U.S. employers must look to the rapid growth of global information on this topic, mostly coming from the European region countries. As established by the U.S. Supreme Court in UAW v. Johnson Controls, and under theories of tort law and negligence, employers have a duty to fully inform employees of workplace risks to a healthy pregnancy. Without rules and with rapid growth of information, how should a U.S. employer communicate workplace pregnancy risks to an employee? This is the challenge we’ll review now.
Talking about pregnancy issues in the workplace has been a taboo subject. First, an employer is rightfully reluctant to pry into an employee’s personal life. And federal laws, such as the 1978 Pregnancy Discrimination Act (PDA), prohibit a U.S. employer from taking any discriminatory action against an employee who is pregnant or may become pregnant. To avoid any misunderstandings on this concern, many U.S. employers avoid any discussion about pregnancy.
Pregnancy is a normal life function. And pregnant employees are not a special protected class. Pregnancy, age, religion, etc., are just types of discrimination that are prohibited in the workplace. Most employers can avoid trouble by simply treating a pregnant employee as they would any other employee that has a temporary disability.
Employers can reduce fear about pregnancy issues in the workplace by communicating all policies and procedures on the subject — insurance, maternity leave, FMLA, PDA, etc. Employees should also be aware of any procedures established by the employer to recognize, evaluate, control, and communicate workplace risks to a healthy pregnancy. Integrating pregnancy risk information into regular safety and health training — chemical hazard communication, hearing conservation, ergonomics, etc., will also help reduce fears.
Involving employees in decision-making will help with communications. Solicit questions from employees about how workplace pregnancy risks should be handled. Generic workplace pregnancy risks can and should be freely discussed. Any specific concerns by an employee must be held in confidence by the employer.