More and more businesses are utilizing AI screening tools to streamline their recruitment processes and to select employees for promotion. Although these solutions are beneficial from an efficiency standpoint, they also increase the legal risk for your business because they can result in a discrimination case.

As mentioned last month, a new federal law, the Pregnant Workers Fairness Act (PWFA), has been enacted. This law requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless it causes an undue hardship on the business. Under the PWFA, covered employers must not:

• Require employees to accept an accommodation without going through the interactive process;
• Deny a job or employment opportunity due to the individual’s need for a reasonable accommodation;
• Require the employee to take a paid or unpaid leave if there are other reasonable accommodations available that allow the employee to work;
• Retaliate against an employee for reporting a violation of the PWFA or for participating in an investigation proceeding related to the PWFA; or
• Interfere with an employee’s rights under PWFA.

Please note that the Equal Employment Opportunity Commission (EEOC) now accepts discrimination charges under PWFA for violations on or after June 27, 2023. You may read the EEOC’s recently released guidance here. Some reasonable accommodations include allowing for more flexible hours or even additional break time for rest and sitting.

What can you do to protect your business?

Train your supervisors on the requirements of the PWFA and ensure that they provide the appropriate reasonable accommodations.

PrestigePEO is here to help.

If you have any questions regarding reasonable accommodations, please contact your HR Business Partner.

It is very important that all workers’ compensation claims are reported as soon as possible. This protects both the worker as well as your organization. Please ensure that you reach out to our Workers’ Compensation department as soon as you are aware of an incident that may need to be reported.

Following are the six top reasons why early claims reporting helps create a transparent and efficient process.

1. Provides the injured employee with immediate attention and appropriate medical treatment. An employee’s injuries will be properly assessed and addressed. This will aid in efficiently getting the injured employee to the right physician, sending him or her to urgent care or the ER, or simply providing first-aid treatment, depending on the extent of the injury. This helps prevent injuries from becoming worse and medical costs from increasing.
2. Enables the insurance carrier to investigate the circumstances and details of the accident while the facts are still vivid in the mind of the injured employee and any witnesses to the accident. Early reporting helps eliminate confusion over what may have occurred as well as reduces the potential for details to be forgotten or stories to change, which frequently happens as more time elapses. Getting immediate statements from the injured worker and witnesses helps the claims process to move along.
3. Identifies potential hazards as soon as possible. When an injury occurs, an accident investigation could help determine the root cause of the injury. Identifying the source of the problem or potential hazard reduces the likelihood of a similar claim occurring in the future.
4. Accelerates benefits to the injured employee. The sooner the insurer knows about the claim, the sooner the investigation takes place to determine the appropriate compensability to ensure benefits go out on a timely basis to the injured employee.
5. Reduces legal risk. If an injury claim is not reported in a timely manner, the employee can feel neglected or become disgruntled, speak to others, and contact an attorney. Reporting a claim early, showing compassion to the employee, and keeping lines of communication open will reduce the likelihood of a litigated claim significantly.
6. Avoids penalties and fines for late claims reporting. Several states impose fines on employers who delay reporting workplace injuries beyond a certain period.

Email WC@prestigepeo.com, our Workers’ Compensation department, as soon as you are aware of an incident that may need to be reported.

Washington State penalties for violations of workers’ compensation have increased as of July 1, 2023. Under RCW 51.48.095, a law enacted in 2020, penalties will be adjusted for inflation every three years. The inflation rate is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Seattle, Washington area. The adjustment rate this year is 16.5%.

Please note that with this change, businesses that do not open a workers’ compensation account before operating with covered workers in Washington will now be fined $1,161 or 2 times the premiums owed for 4 quarters before obtaining coverage. If you have a covered worker, please make sure to open an account with the state and notify your HR Business Partner so that we can collect the required information to manage the account.

PrestigePEO is here to help.

If you have any questions regarding hiring employees in Washington, please reach out to your HR Business Partner.

During the month of July we’re recognizing Disability Pride Month. Of course, it’s never enough just to recognize a cause – we also want to discuss how we can make the workplace more accessible for everyone. In our latest blog post, we’re reviewing 4 quick tips on how you can make your workplace more accessible. Read the blog below!