The U.S. Supreme Court is currently considering the issue of
whether under the Pregnancy Discrimination Act, an employer who
provides light-duty work to some employees, (such as those injured
on the job) but not to all employees with physical limitations,
must provide it to pregnant employees on the same basis. As women
make up approximately 50% of the retail workforce, and there are
few valuable light-duty jobs in most retail stores, the prospect of
being required to provide light-duty work to pregnant employees is
a daunting one.
In light of this prospect, now would be a good time to evaluate
your company's return-to-work program and consider its
effectiveness. Even if the Supreme Court says retailers do not have
to accommodate pregnant employees, a review of the program can
reveal many flaws and opportunities for improvement that will
assist in maintaining control over your workforce and particularly
your decisions regarding when, and to whom, to provide
