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Emory Corp. Governance & Accountability Rev. Perspectives

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Today's employers may struggle to find a balance between fairness to all employees and their obligation to accommodate their pregnant workers. Karen Kolacinski discusses some of the factors that determine when an employer must accommodate pregnant employees, including the Pregnancy Discrimination Act, the Americans with Disabilities Act, and the employer's collective bargaining agreements. This perspective highlights the employer's responsibility to provide disabled workers reasonable accommodations, when employers can justify refusal to provide these accommodations, and the dilemma employers may face while trying to balance fairness to all employees. The author discusses a recent case which illustrates the differing views regarding how the Pregnancy Discrimination Act and the Americans with Disabilities Act should be implemented, as well as some of the controversies that may arise among employees or between an employee and the employer regarding how these laws are to be interpreted.

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