The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) are federal laws that require employers to provide an equal opportunities individuals with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodation, so that they may make application for a job and/or perform the essential job duties of the position.

The Pregnant Workers Fairness Act (PWFA), which is administered and enforced by the EEOC, requires covered employers to provide reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

The Kentucky Pregnant Workers Act (KPWA) applies to “related medical conditions” that must be reasonably accommodated, absent undue hardship to the employer, including lactation and the need to express breast milk for a nursing child.

The PUMP Act is a law that provide reasonable break time and a private, non-bathroom space for lactating employees to pump milk during the workday.

What You Need to Know This Law?

As supervisors, you are often the first to learn of situations in which an accommodation would be advisable. No “magic” words are required. Any statement that lets a supervisor know that an employee having issues performing their job can be sufficient. Therefore, it is your responsibility if an employee is sharing information regarding needing assistance or having difficulty performing the functions of their job to inform them to contact Workplace Accommodations at 502-485-6788 or jcps.workplace-accommodations@jefferson.kyschools.us.

Your Responsibilities A Supervisor

•       Know how to request an accommodation

•       Listen when employees ask for assistance or mention concerns

•       Don’t accommodate an employee with restrictions without guidance from the Workplace Accommodations Committee

•       When contacted about an accommodation, share openly about division/department operations

•       Understand that a qualified employee may be placed in your division/department

•       Follow accommodations given as prescribed

•       When in doubt, call the Workplace Accommodations Committee at 502-485-6788

Overview of the process

1.     Request form from Workplace Accommodation Committee

2.     Provide Workplace Accommodation form to treating provider

3.     Committee will review the workplace accommodation form submitted by the treating provider.

4.     Committee may need clarification from employee, provider and/or administrator

5.     Committee will communicate the decision to the employee

6.     Recertification of the accommodation as needed