It’s been nearly a year due to the fact that the EEOC updated its administrative tips on pregnancy discrimination to account for the Ultimate Court’s holding in Young v. UPS concerning an employer’s obligations to accommodate its pregnant workers.
In case the EEOC’s tips is also dense for you to digest, the agency has actually picked to commemorate its participation in the White Estate United State of Women Summit along with the publication of two brand-new pregnancy-related resources.
The guide on legal rights for pregnant workers clarifies the EEOC’s expectations as to an employer’s treatment of pregnant workers.
- You cannot discriminate on the basis on past or present pregnancy, an ability or intent to become pregnant, a medical condition related to pregnancy, or an abortion or its consideration.
- You cannot harass.
- You most likely have actually to accommodate.
I’d adore to concentrate on the latter, which the agency addresses answering the complying with four questions.
What if I am having difficulty carrying out my task due to pregnancy or a medical condition related to my pregnancy?
You could be able to get hold of an accommodation from the employer that will certainly enable you to do your normal task safely. Examples contain altered break and job schedules (e.g., breaks to rest or usage the restroom), permission to sit or stand, ergonomic office furniture, shift changes, elimination of marginal task functions, and permission to job from home.
You could be able to get hold of an accommodation under the PDA if your employer gives accommodations to employees that have actually limitations that are like yours, yet were not caused by pregnancy.
You could be able to get hold of an accommodation under the ADA if you have actually a pregnancy-related medical condition.
What if there’s no means that I can easily do my normal job, even along with an accommodation?
If you truly can’t do your normal task safely, even along with an accommodation, you could be able to get hold of altered task duties under the PDA. Depending on exactly how your employer treats non-pregnant employees along with similar limitations, the PDA may require your employer to reduce your workload, remove an vital function of your job, or temporarily assign you to a various placement if the employer does those points for non-pregnant employees along with limitations like yours.
What if I can’t job at all of due to my pregnancy?
If you can’t job at all of and you have actually no paid leave, you still could be entitled to unpaid leave as an accommodation. You might additionally qualify for leave under the Family and Medical Leave Act.
What must I do if I reason an accommodation, light duty, or leave due to my pregnancy?
Start by telling a supervisor, HR manager, or various other correct individual that you reason a modification at job as a result of pregnancy. You must inform your employer if the source of your problem at job is a pregnancy-related medical condition, since you could be able to get hold of an accommodation under the ADA. An employer cannot legally fire you, or refuse to hire or promote you, since you asked for an accommodation, or since you reason one. The employer additionally cannot charge you for the costs of an accommodation. since employers do not have actually to excuse bad task performance, even if it was caused by a pregnancy-related medical condition, it could be much better to ask for an accommodation prior to any kind of troubles occur or become worse.
Under the ADA, your employer might ask you to submit a letter from your good health care provider documenting that you have actually a pregnancy-related medical condition, and that you reason an accommodation due to it. Your good health care provider may additionally be asked whether particular accommodations would certainly fulfill your needs.
In various other words, do not assume that you can easily steer clear of offering an accommodation to a pregnant employee to permit her to perform the vital functions of her job. In fact, the converse is most likely true. In most cases, you do have actually to supply such an accommodation. The only instance as soon as you would certainly not have actually to do so is if: (1) the employee does not otherwise have actually an ADA-protected medical condition; and (2) you have actually never ever offered accommodations to similarly limited non-pregnant employees.
If you are concerned over these employee protections, or otherwise wish to guarantee that your pregnant employees are not attempting to take advantage of you by seeking unnecessary accommodations, the EEOC’s various other publication (Assisting Patients Deal along with Pregnancy-Related Conditions and Restrictions at Work), which is geared to medical providers, offers a nice roadmap of the types of confirmatory write-up for you must be asking from an accommodation-seeking pregnant employee.
Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. To comment, email editors@workforce.com.
