subject: Is Pregnancy A Disability? [print this page] A Wall Street Journal blog considers an interesting topic: Should pregnancy be labeled as a disability?
The story references a study by University of Dayton law professor Jeannette Cox, who argues that mothers-to-be should be covered by the Americans with Disabilities Act. She said this will protect them from being fired or forced to take on labor that could be unhealthy.
Its true. The ADA doesnt label pregnancy as a disability. This leaves mothers-to-be physically and financially vulnerable on the job.
There have been instances where a pregnant woman lost her job for drinking water on the job or needing to sit down more.
Cox contends that the disability law currently applies to people with minor temporary physical limitations comparable to pregnancys physical effects.
Under current ADA protections, disabled workers may forgo job duties involving heavy lifting, repetitive bending, reaching, prolonged sitting or standing or working under high-temperature conditions. Thats not the case for pregnant women.
The good news is that there are a few existing workplace protections for pregnant employees.
The Pregnancy Discrimination Act prevents employers from discriminating against pregnant women on the basis of their pregnancy or childbirth, or any disability that may come from childbirth.
It also keeps an employer (of 15 or more workers) from firing a pregnant employee based on her pregnancy or a related illness.
The Family and Medical Leave Act is applicable to companies with 50 or more employees. It allows a pregnant employee who has worked a full year for the company to take up to 12 weeks of leave unpaid in the one-year period following childbirth.
The law states that the employer must return you to the same job or an equivalent job upon }your return to work.
Different states and companies offer additional protections so the best thing you can is talk to your human resources supervisor about how to take advantage of these.
But if you think you are being discriminated against merely because you are with child an experienced attorney can help you consider your options and seek just remedy.
We are knowledgeable at these matters and can point you in the right direction. Schedule a no cost consultation at our Oklahoma City Law Firm or by contacting us at (405) 232-1985.
