Reasonable Accommodation for Pregnancy?

October 2nd, 2012 by JBWK

Pregnancy occupies a strange status in employment discrimination law. It’s not a disability subject to the Americans with Disabilities Act, but it’s still illegal to discriminate against a female employee because she’s expecting. The only way to determine discrimination is to compare the treatment of pregnant employees with other employees who have temporary physical conditions that don’t let them work (think a broken leg).

Recently, the EEOC has filed several lawsuits based on pregnancy discrimination.

And now, the Senate is considering a bill that would require reasonable accommodations for pregnant employees, giving them similar protections afforded to disabled workers under the ADA. It’s unclear whether it will make it through Congress, but it’s a sign that a change may be in the works.

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