![]() The proposed law would also prohibit employers from terminating employees or taking other adverse action against based on pregnancy or the taking of leave for pregnancy-related reasons.Įmployers should also be aware that the Equal Employment Opportunity Commission (EEOC) has vowed to make accommodating pregnancy-related limitations under the ADA Amendments Act (ADAAA) and the PDA one of its strategic enforcement priorities over the next few years, as well as focus on eliminating pregnancy and caregiver discrimination. Reasonable accommodations could include providing a stool to sit on or reassigning heavy lifting. The proposed law would enhance the PDA and require employers to reasonably accommodate pregnant employees or job applicants, as well as those limited by childbirth or related medical conditions, unless the employer can show an undue hardship, such as a significant difficulty or expense. This may change, however, as Congress introduced the Pregnant Workers Fairness Act in 2012, S. As a pregnant worker, she was not automatically entitled to an accommodation based solely on her pregnancy. The court disagreed and determined that the employee received the same treatment as employees who were unable to lift as a result of a nonwork injury or illness, but were not disabled under the Americans with Disabilities Act (ADA). In court, the employee argued that this accommodation was reasonable because the same accommodation was provided to nonpregnant workers with a disability and others who suffered job-related injuries. In this case, the employer denied an employee's request for light duty work when she was unable to lift heavy packages due to her pregnancy. This notion was recently reinforced by the 4th Circuit Court of Appeals, which held that the PDA did not require an employer to provide a pregnant employee with a special accommodation. It guarantees pregnant women equal, but not preferential, treatment in the workplace. The federal Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against pregnant employees, but it does not currently require employers to accommodate them. In fact, some states have already passed legislation that goes beyond federal requirements. When an employee announces her pregnancy, a prudent employer should proceed cautiously because a bumpy road lies ahead as legislators and policymakers at the state and federal level push for greater protection for pregnant employees. ![]() "Bumpy" Road Ahead: A Prudent Employer's Guide to Pregnancy Discrimination LawsĪuthor: Beth P. ![]()
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