Previously, pregnant workers’ rights in the workplace were “protected” under the 1978 Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. That law prohibits discrimination on the basis of pregnancy and for awhile marked a major shift for gender equality for women. While the premise of the law is to protect women, its effect and ability to be enforced is lacking.
The Act only required employers to treat pregnant workers similar to their non-pregnant colleagues. That means, in order to receive accommodations under the Pregnancy Discrimination Act, pregnant women had to demonstrate that their colleagues had received similar accommodations for comparable needs. This is a high burden to prove and places the onus on a pregnant woman to prove they were treated differently because of their pregnancy.
On Monday, after several months of proposed rulemaking and public comment, the Equal Employment Opportunity Commission published its final rule and interpretive guidance on the Implementation of the Pregnant Workers Fairness Act.
The final rule includes extensive details on the types of accommodations that pregnant workers can request, from temporary exemption from jobs duties like heavy lifting to considerations for morning sickness. The interpretive guidance also includes several examples to illustrate the application of the regulation to different circumstances. The process effectively mirrors the process for seeking accommodations under the Americans with Disabilities Act in that it places the burden on employers to prove “undue hardship” if they deny requests for accommodations. To prove an undue hardship, an employer must show that providing the accommodation would cause significant difficulty or expense for the employer.
Similarly, like the ADA, the Act applies to public and private employers with 15 or more employees, unions, employment agencies, and the Federal Government. This is not unexpected, as some claims related to pregnancy may be brought under both the Pregnant Workers Fairness Act and the ADA.
Navigating pregnancy can already be a trying task for many women. Coupling it with the fear and anxiety of choosing their job over the safety of their pregnancy can become unbearable and creates major health concerns for the mother and unborn child. If you are pregnant and have been fired or denied accommodations related to your pregnancy, speak with an informed employment law attorney to learn what options you may have to ensure you do not have to choose between a health pregnancy and your job.
