In the spring of 2012, I treated a pregnant woman who arrived in the emergency department during my shift. She was working as a cashier at a large retailer in the city and was 16 weeks pregnant. Despite doctor’s orders that she remain vigilant about drinking water, she was severely dehydrated. When I inquired why she was not drinking adequate amounts of fluids, she told me that her boss would not allow her to drink water while working at the cash register. While standing for hours at the register, the woman fainted and collapsed. She was rushed to the hospital by ambulance, where I ordered her intravenous fluids.
A doctor’s note changed the course of my life. When I pulled a muscle at six months pregnant, my doctor advised that I temporarily avoid heavy lifting while working for an armored truck company on Long Island. My boss took one look at the note and sent me home without pay indefinitely; the result was devastating. At six months pregnant, no one was willing to hire me. I had a four-year-old at home and was the primary income earner for our family. We fell behind in rent and applied for public assistance. Two weeks before my due date, I lost my health insurance. We struggled to put food on the table; it was an extremely difficult time.
These stories probably would not have happened in California,14 where pregnant women are eligible for reasonable accommodations on the job even if their pregnancies are not disabling according to the law. If you are fortunate enough to work in California (a theme we’ll return to a lot), you can take advantage of a specific law that requires employers to provide a reasonable accommodation for conditions related to pregnancy, childbirth, or related medical conditions, if an employee requests such an accommodation with the advice of her health care provider. Let’s go back to the example of the cashier at the big-box store. Let’s assume that she doesn’t have gestational diabetes but does need to urinate frequently and can’t comfortably stand on her feet for hours at a time. She has been advised by her doctor to sit while at work and to take more frequent breaks. Thanks to the law in California, the cashier can ask for—and probably receive—a stool and more bathroom breaks. These minimal changes to her schedule and workstation will allow her to take care of herself and her baby’s health while also earning critical income her family needs. And her employer keeps his employee on the job, avoiding the turnover costs of hiring and training a replacement. A win-win!
What types of accommodations might you request? Here’s a list of some possible workplace changes that you might ask for to help you maintain a healthy pregnancy while working:
— Ability to sit for periods of time while on a shift
— Bathroom breaks
— Food or drink breaks
— Ability to carry water with you during work hours
— Flexibility around dress-code requirements
— Limits on lifting requirements
— Transfer to a less strenuous or hazardous shift, position, or work location
— Avoiding certain hazardous duties or chemicals, toxins, etc.
— Limited time off or altered work schedule to accommodate medical visits
— Reduced or flexible schedule
What if you are healthy and don’t live in a state that provides better protections, such as California or New Jersey, but you still need a change at work—such as a bigger uniform? If your employer makes changes for other workers then they have to treat you the same (a common theme for this chapter). For example, if someone with a broken foot is allowed to alter the dress code, then you should be able to as well. Talk to your boss about your options: maybe you can wear maternity pants that are the same color as your uniform, even if they aren’t an exact match, for example. Additionally, the fact that an employer refused to accommodate your pregnancy could suggest pregnancy discrimination, depending on the circumstances. Talk to a lawyer to find out and look at our checklist at the end of this chapter to be sure you have covered all your bases.
SAFETY FIRST
Are you shocked to hear there aren’t more protections to ensure pregnant women’s health and safety? Yet again, the United States is behind the times in comparison to other countries such as the United Kingdom and the countries of the European Union. In the United Kingdom, for example, employers have to assess the workplace to identify any risks to pregnant and breast-feeding women. And then the employer has to remove the risk or offer the mother alternate employment—or provide her with paid leave if neither option is possible.
Spotlight on NYC
New York City now has a law ensuring that pregnant workers in the city will not be pushed off the job when they need a modest accommodation in order to stay healthy and at work. Employers with four or more employees must provide reasonable accommodations for workers who have needs related to pregnancy or childbirth, or any pregnancy-related medical conditions. Employers have to comply with these requests, unless it would be an undue hardship—meaning, basically, that it would be really expensive or difficult. This means, for example, that a cashier at a Brooklyn pizza shop who is seven months pregnant and starting to get swollen feet from standing all day can request and receive a stool to sit on in front of the cash register or some other accommodation to let her keep working. For those of you working in NYC, here’s a sample letter you could write to your employer if he or she denies your initial request for accommodation. Other workers in other jurisdictions that have similar laws (such as New Jersey) can use this as a template and adapt it.
Sample Letter to Your Supervisor in New York City
TO:
FROM:
RE: The New York City Pregnant Workers Fairness Act
First, I want to thank you for your support during my [number] years with [company]. This is an exciting time for my family as we prepare for the birth of our child. I am eager to work with you to find a solution that will ensure I am able to be healthy and productive throughout my pregnancy.
As we discussed, I am requesting a reasonable accommodation so that I can continue working safely throughout my pregnancy. The New York City Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to employees who have needs related to pregnancy, childbirth, and related medical conditions. I am entitled to this accommodation under the PWFA because I have a need related to my pregnancy, [company] has four or more employees, and because my requested accommodation would not cause an undue hardship on [company]. I know that additional local, state, and federal laws may also apply to my situation, such as the Pregnancy Discrimination Act or the Americans with Disabilities Act Amendments Act.
According to a Job Accommodation Network (JAN) survey of over one thousand employers, the business benefits of providing reasonable accommodations to workers with disabilities far outweigh any cost. According to the survey, “Employers reported that providing accommodations resulted in such benefits as retaining valuable employees, improving productivity and morale, reducing workers’ compensation and training costs, and improving company diversity.” Since any needed accommodation associated with pregnancy is only short-term, the benefits of a policy of accommodating workers who are pregnant or recovering from childbirth are likely to be even greater and the costs even lower than those studied by JAN.
I look forward to working with you.
Sincerely,
[Your name]
Just What the Doctor Ordered
What if your employer asks you for a note from your medical provider verifying pregnancy limitations or specifying what you can and cannot do on the job? Our advice: tread carefully. Unfortunately, we have seen doctor’s notes come back to bite employees all too often. Here’s one example from one of our clinic callers:
I worked in a supermarket in New York City for eleven years. When I first became pregnant in 2005, I didn’t ask for any accommodations because I was scared I would lose my job. I did heavy lifting and was worried the whole time about