Recent amendments to the Americans with Disabilities Act have made it easier for a wider range of people and disabilities to qualify for protection, including women with pregnancy-related disorders. For example, a woman diagnosed with gestational diabetes may be covered by the law and entitled to reasonable accommodations from her employer. Let’s say this woman works as a cashier at a big-box store and usually is allowed only one meal break at lunchtime. With her diagnosis, she may qualify as having a disability (even if only temporarily) under the law and be entitled to more frequent meal breaks. These minor changes to her schedule may allow her to keep working in spite of her condition, whereas without them she might be forced onto unpaid leave or be forced to quit her job. It’s important to remember, though, that the law doesn’t guarantee you the exact reasonable accommodation that you request, just any accommodation that will let you do your job. It’s up to the employer to decide which accommodation might be best.
We hear from lots of women who have high-risk pregnancies these days, and many of them also may be protected under the recent amendments to the Americans with Disabilities Act. This is an area of law that is still being ironed out, but the Equal Employment Opportunity Commission has been encouraged to issue some clarifying guidance on this topic.12 Even if you don’t think of yourself as disabled or high-risk, the Americans with Disabilities Act or a local disability law could still cover you. If you have back pain, spotting, nausea, fatigue, hypertension, migraines, or other conditions that are exacerbated by your pregnancy, for example, then you might be protected, depending on other factors (check with a lawyer and take a look at our full list on page 184).
Not only do you have to have one of these issues to be protected by the law, but your condition also has to affect your daily life in some way (the legal term is that it must “substantially limit a major lift activity”). For example, the EEOC has clarified that “someone with an impairment resulting in a twenty-pound lifting restriction that lasts or is expected to last for several months is substantially limited in the major life activity of lifting.” Also, to be protected by the law, you have to tell your employer about the specific problem you are facing, not just the fact that you are pregnant. Mention the condition in writing just to be sure, but read our caveats about doctor’s notes in the next section. We don’t want to get your hopes up, because as we said, this is a very uncertain area of the law, but we think there is an opportunity to expand rights to more workers who need them right now. If you find yourself in need of a minor adjustment at work because of your pregnancy, we really encourage you to seek legal advice.
The Americans with Disabilities Act in a Nutshell
WHAT?
The Americans with Disabilities Act (ADA) is a federal law that bans discrimination against people with disabilities in employment and other areas. The law defines a disability as a physical or mental impairment that substantially limits a major life activity. This means that those with pregnancy-related disabilities, such as gestational diabetes, are probably covered by the ADA. However, normal pregnancy is not covered.
WHO?
You are protected by the ADA if you work for a private employer with fifteen or more employees. You are also covered if you work for the state or local government. If you work for a private employer with fewer than fifteen employees, check our state-by-state guide to see if your state has a disability discrimination law that applies to smaller workplaces.
WHEN?
This law kicks in whenever your employer knows about any qualifying limitation that you have. The law also applies if your employer thinks that you have a disability, even if you don’t, or if you are associated with someone with a disability, such as a child with special needs.
HOW?
The law does not just protect against discrimination in hiring, training, pay, and other employment privileges. It also requires employers to accommodate employees with disabilities so that they can do their jobs. Reasonable accommodations might include modifying equipment or reassigning someone to an open job position that might suit her or his needs better. You could try to get a part-time schedule, for example, although your employer does not have to do anything that would come at great cost to the business. Reasonable accommodations are not required, however, for workers who have an association with a person with a disability. This means that the parent of a child with severe asthma, for example, would not be entitled to an alternate work schedule to accommodate caregiving responsibilities to his or her child.
WHY?
Congress passed this law in 1990 to eliminate discrimination against people with disabilities. Congress passed amendments to the law in 2008 because Congress did not like how the Supreme Court had limited the law. The new amendments ensure that the law will cover many more people.
The Americans with Disabilities Act (ADA) also requires an interactive process, where your employer has to consider your individual situation and try, in good faith, to find a solution to help you stay on the job. Many states and cities have laws that mirror the ADA but that are even more inclusive than the federal law. In New York State and New York City, for example, failing to engage an employee in an interactive process could be a violation of the law in and of itself. Local laws often cover smaller employers than the ADA and also may cover a wider range of conditions. If you find yourself dealing with a potential pregnancy-related disability, consult your local civil rights agency or an attorney and see whether you might be entitled to accommodations on the job.
Our partners at WorkLife Law have prepared this sample doctor’s notes for women who suffer from pregnancy-related impairments and seek coverage under the ADA. Be sure to read further in this section to learn more about doctor’s notes and important caveats.
MEDICAL CERTIFICATION TO SUPPORT REQUEST FOR WORKPLACE ACCOMMODATION
Patient/Employee/Applicant Name:
Address:
Employer Name:
Employer Address:
Dear Sir or Madam:
On June 15, 2014, my patient Ms. Jane Doe consulted with me in my office. I diagnosed Ms. Doe, who is pregnant, with carpal tunnel syndrome. Consistent with this diagnosis, Ms. Doe needs an accommodation at work until her baby is born, on or around November 1, 2014.
Because of Ms. Doe’s carpal tunnel syndrome, and her associated limitation on repetitive use of both hands for more than 30 minutes without a break, she is having difficulty typing for long periods of time and should be allowed to take a 5-minute break after 30 minutes of continuous typing.
For more information, you may wish to consult the Job Accommodation Network at http://www.askjan.org.
Name of health care professional:
Type of practice/medical specialty:
Address:
Phone number / email:
Signature / date:
Workplace Accommodations for Healthy Pregnancies with Limitations
Even if your pregnancy is not complicated by any particular health concerns, you may find yourself unable to do certain parts of your job the way you used to or you may not want to do your regular work if it poses a risk to your or your baby’s health. According to a recent survey,13 a majority of women need some sort of change at work due to their pregnancy—more frequent breaks, such as bathroom breaks, are the most common request. A little over half of the women surveyed needed a change to job duties, like more sitting or less lifting. Unfortunately, a lot of women who needed accommodations did not ask for them (likely because of fear of retaliation), and others who did ask had their requests denied. Hopefully your