VOICE.

>> THANK YOU SO MUCH FOR HAVING ME.

>> LAST AUGUST, WAL-MART EMPLOYEES IN WISCONSIN REPRESENTED BY THE U.S.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION LOST A FEDERAL COURT CASE THAT TRIED TO ARGUE PREGNANT WORKERS, LIKE WORKERS INJURED ON THE JOB, SHOULD RECEIVE TEMPORARY LIGHT-DUTY WORK.

NOW A NEW LAW REQUIRING REASONABLE ACCOMMODATIONS FOR PREGNANT WORKERS TAKES EFFECT NEXT MONTH.

THE PREGNANT WORKERS FAIRNESS ACT PASSED IN DECEMBER AS PART OF-TRILLION-DOLLAR INFLATION REDUCTION ACT.

FOR MORE ON WHAT'S BEING CALLED A LANDMARK NEW WILL YOU TAKING EFFECT JUNE 27th, WE TURN TO SHARYN TEJANI, ASSOCIATE LEGAL COUNSEL AT THE E.E.O.C.

THANK YOU SO MUCH FOR JOINING US.

>> THANK YOU FOR HAVING ME.

>> SO IN YOUR MIND, HOW BIG OF A GAME-CHANGER IS THIS FOR PREGNANT WORKERS?

>> IT'S GOING TO BE AN IMPORTANT CHANGE FOR PREGNANT WORKERS.

RIGHT NOW, UNDERS CERTAIN LAWS, PREGNANT WORKERS CAN GET ACCOMMODATIONS, BUT IT CAN BE DIFFICULT.

THIS WEEK GIVES PREGNANT WORKERS A DIRECT WAY TO GET AN ACCOMMODATION.

OF COURSE WHAT THIS PROVIDES FOR IS ACCOMMODATIONS AS LONG AS THEY DON'T CAUSE AN UNDUE HARDSHIP.

IT'S NOT AN AUTOMATIC THING THAT A PERSPECTIVE WORKER WILL GET PREGNANT WORKER WILL GET AN ACCOMMODATION, BUT RATHER THAN SOMETHING TO DISCUSS WITH THEIR EMPLOYER AND SEE IF IT WORKS.

>> WHAT WILL THE PERSPECTIVE FAIRNESS WORKERS ACT REQUIRE SPECIFICALLY IN TERMS OF THOSE ACCOMMODATIONS?

WHAT ARE SOME EXAMPLES THAT A PREGNANT WOMAN COULD SEE?

>> SO WHEN YOU LOOK AT WHAT CONGRESS WAS TALKING ABOUT WHEN IT WAS PASSING THIS LAW, SOME OF THE ACCOMMODATIONS THEY WERE TALKING ABOUT WERE INCREDIBLY SIMPLE THINGS, THINGS LIKE CARRYING AROUND A BOTTLE OF WATER, ADDITIONAL BREAKS TO GO TO THE BATHROOM, A STOOL IF YOU NORMALLY HAVE TO STAND DURING -- WHEN YOU'RE DOING YOUR JOB, AND LEAVE TO RECOVER FROM CHILDBIRTH AND OCCASIONALLY HAVING PARTS OF YOUR JOB EXCUSED BECAUSE OF YOUR PREGNANCY, YOU'RE UNABLE TO DO THEM, SOMETHING LIKE HEAVY LIFTING.

>> IT SEEMS KIND OF INCREDIBLE THAT THERE WOULD NEED TO BE A FEDERAL LAW TO HAVE THESE ACCOMMODATIONS IN THE WORKPLACE.

>> WELL, YES, BUT THERE DID NEED TO BE ONE.

SOME EMPLOYERS OBVIOUSLY PROVIDE THESE KINDS OF THINGS TO THEIR EMPLOYEES AS A MATTER OF COURSE, AND IN CERTAIN TYPES OF JOBS, YOU KNOW, IF YOU'RE WORKING IN AN OFFICE, FOR EXAMPLE, LAWYERS, FOR EXAMPLE, WHO WORK IN A LAW FIRM, THE IDEA THAT THEY WOULD NEED A FEDERAL LAW IN ORDER TO BE ABLE TO CARRY WATER AROUND WITH THEM, OF COURSE NOT.

MOST PEOPLE WHO WORK IN OFFICES ARE ABLE TO DO THAT.

BUT DIFFERENT KINDS OF JOBS HAVE CERTAIN RULES AND FOR THOSE KINDS OF JOBS, THIS IS GOING TO BE A VERY IMPORTANT THING FOR PERSPECTIVE WORKERS UP UNTIL NOW DIDN'T HAVE A DIRECT PATH IN ORDER TO GET THESSALONIANS KINDS OF ACCOMMODATIONS THEN THESE KINDS OF ACCOMMODATIONS.

>> HOW DOES A PREGNANT WORKER PROVE LIMITATIONS REQUIRING PREGNANCY?

IS PREGNANCY ITSELF A KNOWN LIMITATION?

>> WELL, THE STATUTE SAYS THAT A KNOWN LIMITATION IS A PHYSICAL OR MENTAL CONDITION RELATED TO ARISING OUT OF OUR AFFECTED BY PREGNANCY, CHILDBIRTH OR ANY RELATED MEDICAL CONDITIONS SO THERE AREN'T SPECIFIC EXAMPLES WITHIN THE STATUTE, BUT WHEN YOU LOOK AT WHAT CONGRESS WAS TALKING ABOUT, THEY WERE TALKING ABOUT THINGS LIKE CARRYING AROUND A BOTTLE OF WATER, SOMETHING THAT YOU MIGHT NEED IN ORDER TO KEEP HEALTHY WHILE YOU'RE PREGNANT AND ALSO SOMETHING THAT YOU MIGHT NEED, FOR EXAMPLE, IF YOUR ANKLES ARE SWELLING AND YOU NEED TO SIT DOWN, SO IT COULD BE ANY OF THOSE THINGS, BUT WHAT'S IMPORTANT TO UNDERSTAND IS THAT IT SEEMS THAT THEY WERE AIMING AT KIND OF SIMPLE THINGS THAT SHOULDN'T BE A BIG CHANGE IN HOW THE WORKPLACE IS FUNCTIONING BUT, RATHER, WHAT WILL MAKE IT EASIER FOR A PREGNANT WORKER TO DO THEIR JOB.

>> ARE ALL PREGNANT WORKERS COVERED UNDER THIS LAW?

>> THEY ARE COVERED IF THEY WORK FOR A COVERED EMPLOYER, AND THOSE ARE EMPLOYERS THAT HAVE AT LEAST 15 EMPLOYEES AND THE FEDERAL GOVERNMENT.

>> YOU SPOKE TO THIS EARLIER, WHAT IF THE EMPLOYER SAYS THE ACCOMMODATION CAUSES THEM UNDUE HARD SMP?

WHAT CONSTITUTES UNDUE HARDSHIP AND DOES THAT PRESENTLY A LOOPHOLE WHERE WORKERS WOULD NOT BE ABLE TO GET THESE ACCOMMODATIONS?

>> I DON'T THINK IT'S A LOOPHOLE.

IT'S A DEFENSE.

IF THE PLAYER CAN SHOW THAT WOULD CAUSE SIGNIFICANT IS DIFFICULTY OR EXPENSE, THEN THE EMPLOYER DOES NOT HAVE TO PROVIDE THE ACCOMMODATION, AND SO IT BALANCES THE NEEDS OF THE PREGNANT WORKERS AND THE NEEDS OF THE EMPLOYERS OVER WHAT THE EMPLOYER HAS TO SHOW IS A SIGNIFICANT DIFFICULTY OR EXPENSE IN GIVING SIMPLE ACCOMMODATIONS THAT MIGHT BE NECESSARY.

HOPEFULLY THAT WON'T BE WHAT THE EMPLOYERS ARE SAYING.

>> HOW DOES AN EMPLOYEE ASSERT THEIR RIGHT TO THESE ACCOMMODATIONS UNDER THIS LAW?

>> WELL, THE EMPLOYER ONLY HAS TO ACCOMMODATE THINGS THAT IT KNOWS ABOUT.

SO IN THE FIRST STEP, IT'S THE EMPLOYEE SAYING, I NEED AN ACCOMMODATION AND THIS IS WHY.

THEN THE LAW TALKS ABOUT USING SOMETHING CALLED THE INTERACTIVE PROCESS, WHICH IS SOMETHING THAT'S FROM THE AMERICANS WITH DISABILITIES ACT, WHERE THE EMPLOYER AND THE EMPLOYEE JUST CAN TALK OR EMAIL OR SOMEHOW COMMUNICATE ABOUT WHAT THE EMPLOYEE NEEDS AND WHAT THE EMPLOYER CAN GIVE.

>> WHAT HAS HAPPENED TO PREGNANT WORKERS BEFORE THIS LAW THAT REALLY REQUIRED IT TO BE PUT IN PLACE?

SO PREGNANT WORKERS WERE OFTEN FACED WITH A VERY DIFFICULT CHOICE.

THEY COULD EITHER KEEP THEIR PAYCHECK OR DO SOMETHING THAT EITHER CAUSED THEM PAIN, THAT THEY COULDN'T DO BECAUSE OF THEIR PREGNANCY OR THAT THEY THOUGHT PUT THEIR PREGNANCY OR THEIR OWN HEALTH AT RISK, AND WITH THIS LAW, ABSENT UNDUE HARDSHIP, HOPEFULLY THAT WON'T BE HAPPENING.

>> ALL RIGHT.

WELL, WE APPRECIATE YOUR EXPERTISE ON THIS, SHARYN