The Americans with Disabilities Act (ADA) is a federal protection added to the Civil Rights Act in 1990. The ADA prohibits all aspects of discrimination against those with disabilities, including in the workforce. Pregnancy is not typically considered a disability in California or elsewhere, but some pregnancy-related conditions cause temporary disability. When a pregnant employee or job applicant experiences temporary, pregnancy-related disability, they have legal protection against discrimination under the ADA.
What Conditions During Pregnancy Cause Temporary Disability?
Fortunately, most pregnant women experience no serious adverse impacts of their pregnancy; however, some pregnancy-related conditions cause temporary disability. Some of the most common disabling pregnancy conditions include the following:
- Gestational diabetes
- Pre-eclampsia (dangerously high blood pressure)
- Hyperemesis Gravidarum (HG), or severe morning sickness with intense vomiting
- Anemia and/or extreme fatigue
- Pregnancy-related sciatica
- Pregnancy-induced carpal tunnel syndrome
- Pelvic girdle pain
- Persistent back pain
- Edema, or severe swelling
- Doctor-ordered bed rest to prevent premature labor
- Pregnancy-related anxiety or depression
In addition to pregnancy conditions that cause temporary disability, postpartum conditions, such as mastitis and postpartum depression, are also considered to be disabilities covered under the Americans with Disabilities Act.
Requirement for Reasonable Accommodations for Pregnancy-Related Disability Under the ADA
The U.S. Equal Employment Opportunity Commission enforces federal protections for Americans, including those afforded under the ADA. When a pregnancy-related condition causes temporary disability, an employer must extend the same protections to the pregnant woman that they would to another disabled employee under the Americans with Disabilities Act. This includes a requirement for an employer to allow reasonable workplace accommodations for a pregnant employee with a temporary disability. Examples include the following:
- Flexible scheduling to accommodate medical appointments
- Increased breaks or bathroom breaks
- Supplying a chair or stool for work positions that usually require standing
- Temporary reassignment to light-duty work in place of heavy lifting or other physically strenuous job tasks
- Allowing remote work when practicable
It’s important to note that the requirement for “reasonable accommodations” does not require an employer to allow an accommodation that would cause undue hardship, such as significant financial losses or decreased productivity.
Additional ADA Protections for Pregnancy-Related Disability
In addition to the requirement to provide reasonable accommodations for an employee with temporary disability caused by pregnancy, the ADA also protects pregnant women experiencing temporary disability from discrimination during the job application and hiring process. It also extends these protections to prohibit employers from retaliating against a pregnant employee who exercises their legal right to protection under the ADA during their pregnancy. For instance, an employer may not retaliate by creating a hostile work environment, reducing an employee’s hours or wages, denying a promotion, or wrongfully terminating their employment.
How Can a California Employment Lawyer Help?
Despite the robust protections of both state and federal employment laws, some employers cling to outdated biases and violate a pregnant employee’s legal rights under the ADA when the employee experiences temporary disability caused by pregnancy. Fortunately, there are legal remedies available, including filing a lawsuit against an employer to recover financial losses and deter future violations of ADA protections. Call or contact Sparrow Law Group to learn how a California employment attorney can defend your legal rights and obtain an outcome that aligns with your goals, such as compensation, reasonable accommodation, or job reinstatement.