Pregnancy can come with a host of medical challenges that can affect the ability to work safely. Some women develop gestational diabetes, while others may have preeclampsia that requires bed rest.
Women who are at risk during pregnancy and those in their third trimester are often subject to restrictions regarding the job functions that they perform. They may need to ask their employers to provide them with specific accommodations so that they can continue working.
Under both the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act, employers with 15 or more workers generally have an obligation to offer reasonable accommodations for pregnant women to help them work safely throughout all three trimesters. What types of accommodation requests can employers legally refuse?
Accommodations should be reasonable
Neither the ADA nor the Pregnant Workers Fairness Act explicitly details the exact accommodations that companies must provide to pregnant employees. Each woman’s body and pregnancy are unique, and accommodations may also vary depending on the type of job a woman performs.
Physicians generally determine functional limitations and accommodation requirements on a case-by-case basis. The law does not explicitly approve certain accommodations or restrict other types of requests.
What it does is provide blanket protection for reasonable requests from workers. Workers may need to limit their heavy lifting, which may require a change in their standard job tasks. They may need to work from home or have a chair available so they are not on their feet all day. They may need more time to take bathroom breaks or other relatively minimal accommodations.
Exceptions for “undue hardship”
Employers need to provide requested accommodations as long as they can do so without incurring significant expenses or facing major operational difficulties. For a company to deny a pregnant worker accommodations without violating federal statutes, the business must be able to reasonably claim that the worker’s request creates undue hardship. Even then, employers should try to propose alternate accommodations that create fewer challenges for the company.
Workers may need assistance ensuring they adhere to company policy and have appropriate medical documentation when requesting accommodations. Documenting everything and consulting with a pregnancy discrimination attorney can help employees denied reasonable accommodations secure the support they require or hold their employers accountable for violating their rights.