Pregnancy-Related Disabilities and Workplace Discrimination: Know Your Rights

Pregnancy-related disabilities can create unique challenges for employees in the workplace, requiring adjustments to job duties, schedules, or other conditions to ensure a safe and equitable work environment. Federal and state laws, including the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), offer robust protections for pregnant employees and those experiencing pregnancy-related disabilities. These laws ensure that employees can seek reasonable accommodations without fear of discrimination or retaliation.

Understanding Pregnancy-Related Disabilities

Pregnancy, in and of itself, is not classified as a disability under the ADA. However, pregnancy-related medical conditions, such as gestational diabetes, preeclampsia, severe morning sickness, or conditions requiring bed rest, can qualify as disabilities. When these conditions substantially limit a major life activity, the ADA’s protections apply, requiring employers to provide reasonable accommodations.

The NJLAD provides even broader protections. It explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions, regardless of whether they qualify as disabilities under the ADA. The NJLAD also mandates reasonable accommodations for pregnancy-related conditions, even in cases where the condition does not meet the ADA’s definition of a disability.

Legal Protections for Pregnant Employees

Pregnant employees in New Jersey benefit from overlapping protections under federal and state law, ensuring comprehensive coverage against discrimination and harassment. These protections include:

1. Reasonable Accommodations: Employers must provide accommodations to employees with pregnancy-related disabilities unless doing so would impose an undue hardship. Examples include modified work schedules, additional breaks, or temporary reassignment to less physically demanding tasks.
2. Anti-Discrimination Protections: Employers are prohibited from treating pregnant employees less favorably than other employees with similar abilities or limitations. This includes hiring decisions, promotions, and access to benefits.
3. Protection from Harassment: Pregnant employees are protected from harassment based on their condition. Offensive comments, unwelcome remarks, or other actions that create a hostile work environment are prohibited.
4. Protection from Retaliation: Employees are protected from retaliation for requesting accommodations, filing complaints, or asserting their rights under the ADA or NJLAD.

The Employer’s Duty to Accommodate

Employers are required to engage in an interactive process with employees who request accommodations for pregnancy-related disabilities. This process involves a collaborative dialogue to identify reasonable accommodations that address the employee’s needs while balancing the employer’s operational requirements. Examples of reasonable accommodations include:

• Allowing telecommuting or remote work.
• Adjusting work schedules to accommodate medical appointments.
• Providing access to a chair, stool, or other ergonomic support.
• Temporarily modifying job duties to avoid heavy lifting or prolonged standing.

Importantly, under NJLAD, employers cannot require employees to take leave if a reasonable accommodation would enable them to continue working. For example, an employer cannot force an employee experiencing mild pregnancy-related complications to take unpaid leave if they could continue working with adjustments to their workload.

Common Forms of Pregnancy-Related Workplace Discrimination

Despite legal protections, pregnancy-related discrimination remains a pervasive issue. Common forms of workplace discrimination include:

• Refusal to Hire: Employers may unlawfully refuse to hire pregnant applicants, citing concerns about their ability to perform the job or future leave needs.
• Unfair Treatment: Pregnant employees may face negative treatment, such as exclusion from projects, reduced responsibilities, or unfavorable performance evaluations.
• Failure to Provide Accommodations: Some employers deny requests for reasonable accommodations, even when those requests are necessary and feasible.
• Forced Leave: Pregnant employees are sometimes pressured to take unpaid leave rather than being provided accommodations that would allow them to remain at work.

Case Law Highlight: Young v. United Parcel Service, Inc.

In Young v. United Parcel Service, Inc., 575 U.S. 206 (2015), the U.S. Supreme Court addressed pregnancy discrimination under the Pregnancy Discrimination Act (PDA), which is a component of Title VII of the Civil Rights Act. The case involved a pregnant worker who requested a light-duty assignment due to medical restrictions but was denied, even though light-duty accommodations were offered to other employees with similar limitations. The Court held that employers must treat pregnant employees the same as others with comparable work restrictions, reinforcing the principle that pregnancy-related disabilities must not result in unequal treatment.

This case underscores the importance of consistent accommodation policies and highlights how both federal and state laws, like NJLAD, provide critical protections for pregnant employees.

Filing a Complaint for Pregnancy-Related Discrimination

Employees who believe their rights have been violated have several avenues for recourse. These include:

• Internal Reporting: Employees should report discrimination or failure to accommodate through their employer’s HR department or grievance procedures.
• Filing a Charge with the EEOC: Federal complaints can be filed with the Equal Employment Opportunity Commission (EEOC), which investigates claims of discrimination under the ADA.
• Filing a Complaint with the NJDCR: In New Jersey, employees can file complaints with the New Jersey Division on Civil Rights (NJDCR) under NJLAD.
• Pursuing Legal Action: In severe cases, employees may file a lawsuit to seek remedies such as back pay, compensatory damages, and reinstatement.

Remedies for Pregnancy-Related Discrimination

Employees who prevail in pregnancy-related discrimination claims may be entitled to several remedies, including:

• Reinstatement: Returning to their previous role if they were wrongfully terminated.
• Compensatory Damages: Recovery of lost wages, benefits, and compensation for emotional distress.
• Punitive Damages: In cases of egregious misconduct, courts may award punitive damages to deter future violations.
• Attorney’s Fees: Employees may recover the legal costs associated with pursuing their claims.

Protecting Your Rights

If you are a pregnant employee facing workplace discrimination or denial of accommodations, it is important to document your experiences thoroughly. Keep records of your accommodation requests, medical documentation, and any correspondence with your employer. Taking prompt action is crucial, as strict timelines may apply for filing complaints with the EEOC or NJDCR.

Contact Poulos LoPiccolo PC

Pregnancy-related disabilities should never result in unfair treatment or job loss. If you have been denied reasonable accommodations or experienced discrimination based on pregnancy or related conditions, Poulos LoPiccolo PC can help. Our dedicated employment attorneys are experienced in handling ADA and NJLAD claims and are committed to protecting your rights. Contact us today to schedule a consultation and explore your legal options.

Sources:

law.cornell.edu/supremecourt/text/12-1226

dol.gov/general/topic/disability/ada