The Pregnancy Discrimination Act and the Americans with Disabilities Act May Entitle You to Reasonable Accommodations to Allow You to Continue Working While Pregnant
As a general rule, an employee who has a pregnancy-related disability is entitled to a reasonable accommodation that will allow her to continue working through her pregnancy. An employer may not force a pregnant employee to take a leave of absence if she is able to perform her job with the reasonable accommodation.
An accommodation for a pregnant employee is reasonable if the employer provides similar accommodations for employees with other types of temporary disabilities. An accommodation may not be reasonable if it imposes an undue burden or cost on the employer.
Some examples of reasonable accommodations for pregnant employees include:
If a reasonable accommodation cannot be provided, the employer must allow a woman with limitations resulting from pregnancy to take a leave of absence on the same terms and conditions as other employees who are similar in their ability or inability to work. An employer may not impose different or greater restrictions on pregnant employees who seek medical leaves than on employees who seek medical leaves for other reasons. In other words, employers may not discriminate against pregnant women when it comes to leaves of absences.
For example, an employer:
If you have been denied an accommodation or leave of absence for your pregnancy – or if you have been fired, demoted or denied a promotion because of your pregnancy – you should consult with a pregnancy discrimination lawyer immediately to protect your rights. There are strict time deadlines and procedural requirements for filing a claim of pregnancy discrimination.
To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer, call John Howley, Esq. at (212) 601-2728.
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