February 4, 2023

Volume XIII, Number 35

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February 03, 2023

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February 02, 2023

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Pittsburgh Expands Workplace Protections for Victims of Domestic Violence

On December 6, 2021, then-mayor of Pittsburgh, Bill Peduto, signed legislation amending the city’s workplace antidiscrimination ordinance to include victims of domestic violence as a protected class. Under the amended ordinance, employers with five or more employees are prohibited from discriminating against individuals based on their actual or perceived status as victims of domestic violence and must attempt to reasonably accommodate such individuals, if needed. The Pittsburgh Commission on Human Relations, which is tasked with enforcing the ordinance, also established and released employer guidance, shedding more light on these new requirements.

Under the ordinance and its accompanying guidance, an employer (including an employment agency or labor union) may not refuse to hire, treat less favorably, or deny a person employment, membership, or participation in a program based on his or her status as a survivor of domestic violence. In addition, an employer may not retaliate against an individual for seeking protection under the ordinance or implement policies that disproportionately impact employees based on their protected status.

Notably, the guidance also requires employers to engage in an interactive process with employees who need reasonable accommodations based on their status as domestic violence victims. Examples of potential reasonable accommodations, according to the guidance, include the following:

  • Modifying the layout of a workspace

  • Adjusting work schedules

  • Allowing for leave (e.g., for a court date or medical appointment)

  • Enhancing policies to ensure security

  • Transfer or reassignment

  • Changing a telephone number or email

  • Installing a lock or security device

  • Developing code words to allow employees to safely signal a need for help, such as security or police

An employer need not grant a specific accommodation if doing so would impose an undue hardship on its financial or administrative operations.

The guidance warns that “it can be harmful for the employer to demand ‘proof’” of an individual’s status as a survivor of domestic violence, and the guidance is silent as to whether an employer may request supporting documentation (e.g., police or court records) in response to a request for leave. An employer may document the information provided by the employee during the reasonable accommodation interactive process.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 49
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About this Author

Taylor E. Gillan Employment Attorney Ogletree, Deakins, Nash, Smoak & Stewart Pittsburgh, PA
Associate

Taylor Gillan counsels employers in all areas of federal and state employment law, including compliance with Title VII, the ADEA, the ADA, the FMLA, the FLSA, and various state laws and common law theories. She also defends employers in federal and state court, as well as before administrative agencies tasked with enforcing employment laws. Taylor has experience with claims brought under the FCRA and the Pennsylvania Whistleblower Law.

She brings her past experience as an employee-side employment attorney to provide employers with unique perspective and results-oriented...

412-315-6043
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