Objectives of the Presentation:
- Identifying laws related to pregnancy and family care
- Recognizing employer's duties and responsibilities
- Identifying Liability Exposure- from hiring to firing
- Addressing Job Performance Issues Related to Pregnancy and Family Care
- Effective Human Resource Policies to Comply with the Law
- Current Rules related to Workplace Accommodations
- Communicating with Medical Professionals and Addressing Issues Related to Medical Certifications
Why Should You Attend?
In order to avoid charges of discrimination against pregnant employees, employers need to have a thorough understanding of the federal and state rules that govern employee pregnancy issues. This course will provide a survey of the laws affecting employers with regards to pregnant employees including the Pregnancy Discrimination Act, relevant portions of the Americans with Disabilities Act, the Family Medical Leave Act and certain local laws. During this session we will examine what the pregnancy discrimination laws do and do not require from employers; when family care issues can lead to claims of pregnancy or gender discrimination; why this area of the law is so complicated; and how to reduce legal risks.
- Which Laws Regulate Pregnancy Leaves and Treatment in the Workplace
- Pregnancy Discrimination Defined
- Learn what Pregnancy Discrimination laws do and do not require of employers
- Designing Effective Policies to Comply with Legal Requirements
- Handling Job Modification Requests
- Medical Certification Procedures
- Workplace Accommodations
In 1978 the Pregnancy Discrimination Act (PDA) became effective and prohibited employers from discriminating against women based on pregnancy. Since 1978, the federal government and many states have enacted similar laws protecting pregnant workers and their families from discrimination including the Family Medical Leave Act and the Americans with Disabilities Act and numerous state based laws such as the California Family Rights Act. Under the PDA and similar laws, companies of 15 or more employees are required to treat pregnancy equal to all other short-term disabilities in terms of medical coverage and leave. Pregnant employees must be allowed to work, as long as they can perform their jobs. Employers must hold the employee's position for her for as long as they would for any other employee on any type of disability leave.
HR Employee Relations
Melvin K. Patterson, an attorney licensed to practice before all state and federal courts in California, is General Counsel to Cedrus Investments Limited, an international financial services firm with offices around the globe. He is a member of the Labor & Employment Section of the California State Bar. He has been admitted to the United States District Court for the Northern District of California as well as the United States Ninth Circuit Court of Appeal. Mr. Patterson is experienced in Labor and Employment litigation and transactional matters in the U.S., Asia and the U.K. He has designed internal business policies, procedures and management structures, as well as inter-corporate relationships and has been a business owner himself.
Mr. Patterson is an experienced trial litigator who has handled numerous business and commercial matters for over 20 years on behalf of an elite clientele around the world. He has defended clients in matters brought against companies by employees, commercial business agreements and government regulatory matters.
Mr. Patterson holds a Doctor of Jurisprudence degree from the John F. Kennedy University School of Law, as well as a Certificate in Strategic Human Resource Management from Cornell University. He has also earned the American Jurisprudence Award, completed specialized training in Assessing Economic Damages, Forensic Discovery and Preservation of Electronic Evidence and Data.
Mr. Patterson was nominated to the National Dean's List and has been a speaker before such groups as the Asian Pacific American Law Students Association, is a past contributing editor to California Motions In Limine (The Rutter Group) and has been a columnist for the "The Docket", the news and information journal of the San Mateo County Bar Ass'n. He has a knowledge of Korean, Japanese and Spanish languages.