Are Companies Required to Make Accommodations for Pregnant Workers?

There are a number of laws that require that companies provide reasonable accommodations for pregnant workers. The federal government forbids companies from terminating pregnant employees, but every state has their own interpretation of the meaning of reasonable accommodation.

What Does the Law Say?

The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII of the Civil Rights Act of 1964 to clarify that sex discrimination by employers includes pregnancy. Pregnancy discrimination means that employers treat a female who is pregnant or planning to be pregnant negatively. The PDA prohibits discrimination based on pregnancy when it comes to all aspects of employment, which includes pay, hiring, firing, training, benefits promotions and work assignments. The PDA also covers pregnancy-based harassment and guarantees maternity and parental leave. The Equal Employment Opportunity Commission (EEOC) enforces the PDA.

Accommodation Basics

All states and the federal government require that employers provide reasonable accommodations to pregnant employees because this medical condition is considered to be similar to a temporary disability. Pregnant employees are thus entitled to reasonable accommodation under the Americans with Disabilities Act (ADA). A reasonable accommodation is defined as a temporary process or physical change enables a disabled individual to perform their job’s essential functions. Employers may only deny a reasonable accommodation request if it will cause undue hardships, which means significant expenses or difficulties. Most accommodations that pregnant employees request are related to scheduling or work responsibilities, so employers have no excuses to deny them.

Related: What are the Most Typical Accomodations Employers Need to Make Under the ADA?

Employee Accommodation Examples

Sometimes, pregnant employees may have preexisting medical conditions that are complicated by their condition. For example, an employee who functions normally with a neurological impairment may be unable to take their medication because of the pregnancy. As a result, the employer must be prepared to accommodate the employee’s need to take more frequent breaks to alleviate their fatigue. Employer should redistribute minor job tasks and functions that challenge pregnant employees to other co-workers. For instance, the responsibility of occasionally lifting heavy items should simply be removed from the pregnant employee’s workload. Sometimes, the job function must be altered by modifying standing, typing, climbing or lifting requirements. A pregnant employee who is advised to not type on a computer keyboard can simply handle paperwork or file records.

Workplace Accommodation Examples

Certain pregnancy related accommodations may require management to modify workplace policies. A pregnant employee who must continually consume liquids will struggle to work with expensive equipment or irreplaceable documentation because of concerns over spillage. In this scenario, the employer should arrange for separate table or fixture for the employee to easily access water. Employers must sometimes purchase new or modifying existing devices and equipment. Pregnant employees who are required to stand during their shift will experience pain, so employers should provide a chair or stool.

The most commonly requested accommodation is a flexible or modified work schedule. Some employers struggle to deal with schedule adjustments because of limited manpower or cross-trained employees. Scheduling accommodations are not an undue hardship, but merely opportunities to train new employees.

Accommodations for pregnant workers is the law, so pregnant employers should proactively communicate and collaborate with their employer in order to minimize work-related and scheduling problems.