Employment Law Chair Avery E. Smith details the latest topics in Employment Law, as well as topics that frequently arise in the world of HR.
Over the past few months, we have seen movement in the law as it pertains to ADA considerations, pregnant workers, nursing workers, as well as communication and speech. This blog provides guidance for Districts to ensure a smooth and compliant school year.
ADA Considerations
Reasonable Accommodations
Districts must ensure they are providing reasonable accommodations for qualifying employees. A Reasonable Accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.
These accommodations provide employees with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.
What Do Reasonable Accommodations Look Like?
Providing reasonable accommodations generally require three things: (1) Ensuring equal opportunity in the application process; (2) Enabling a qualified individual to perform the essential job functions; and (3) Creating an employment environment wherein employees with disabilities are able to enjoy equal benefits and privileges as non-disabled employees.
Engage in an Interactive Process
When undergoing the process of providing reasonable accommodations to an employee, Districts must balance needs and resources, foster open lines of communication, and understand the law and its duties as an employer. This does not need to be a strenuous process! Compliance is key when handling applications for reasonable accommodations.
Pregnant & Nursing Workers
Providing Urgent Maternal Protections Act (PUMP)
PUMP took effect on December 29, 2022. PUMP increases workplace protections for breastfeeding employees. Districts must know that its provisions apply to ALL school employees, regardless of the duty they perform.
Under PUMP, eligible employees are afforded the following protections:
- The right to break time and a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public to express breast milk;
- The opportunity for workers to file a lawsuit to seek appropriate remedies should their employer fail to comply; and
- The right to paid pumping time if an employee is not completely relieved from duty.
Pregnant Workers Fairness Act (PWFA)
PWFA took effect on June 27, 2023, and it requires all Districts to provide reasonable accommodations for employees and applicants limited by pregnancy, childbirth, or related medical conditions.
On August 7, 2023, the United States Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking to further implement and enforce compliance with PWFA.
A tip for complying with the PWFA, or any legislation in general, is to provide your human resources and management personnel with proper training to ensure that no employee is denied their right to reasonable accommodation.
Communication and Expression
Communicating after Work Hours
From cell phones to emails, it is easy to get tied up on a work call or sending an email well past work hours. Multiple lawsuits, pursuant to Pennsylvania and federal wage laws, are highlighting the issue of overtime pay for non-exempt employees who respond to e-mails, text messages, and voicemails after work hours.
The U.S. Department of Labor has made it clear that companies must pay non-exempt employees for their work even if the company did not ask them to perform it. District administrators should advise employees of the hours which they are to work and emphasize that work should not be performed outside of those confines—unless the District is aware and intends to provide overtime pay.
Religious Expression
In May 2023, the U.S. Department of Education provided updated guidance regarding constitutionally protected prayer and religious expression in public elementary and secondary schools.
Pursuant to the First Amendment and the Department of Education’s guidance, the following acts of religious expression are allowed:
- Students may pray when not engaged in school activities or instruction, subject to the same rules designed to prevent material disruption of the educational program;
- Students may organize prayer groups and religious clubs to the same extent that students are permitted to organize other noncurricular student activity groups;
- If a school has a “moment of silence” or other quiet periods during the school day, students are free to pray silently; and
- Students may engage in prayer or religious expression during instructional time to the same degree they may engage in nonreligious private expression.
Districts and their staff, however, cannot (1) encourage or discourage private prayer or other religious activity; (2) mandate or organize prayer at graduation or select speakers for such events in a manner that favors religious speech such as prayer; nor (3) mandate or organize religious baccalaureate ceremonies.
Bottom Line for Schools
This school year, Districts can expect these laws and others to progress, requiring updates to their routine practices. The best way to remain compliant is to stay informed and seek legal advice from your solicitor when questions or concerns arise.
KingSpry’s Education Law Group is prepared to assist you with all the changes and legal needs that arise this school year. Our highly experienced team of education law attorneys works with K-12 and higher education administrators to find practical, legally sound responses to the challenges they face every day.
