A pregnant employee of a Florida medical transport company working as an emergency medical technician began experiencing severe medical complications that included a serious form of morning sickness. Consequently, she requested that the company provide her with light duty as a reasonable accommodation in accordance with federal law. However, the company refused to accommodate her based on its policy that provided such assistance only to employees with occupational injuries or illnesses.
The company also told her, “If you can’t get on the truck, you have to fill out your FMLA.” FMLA is the acronym for the federal “Family Medical Leave Act” that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Additionally, the company refused to allow her to receive cross-training while she was on leave.
The regional attorney for the Equal Employment Opportunity Commission’s (EEOC) Miami District issued this statement supporting the agency’s lawsuit: “Title VII, as amended by the Pregnancy Discrimination Act, makes it unlawful for employers to refuse to accommodate pregnant employees where they accommodate others who are similar in their ability or inability to work. When the employee also suffers from pregnancy-related complications that rise to the level of a disability, the employer is under an additional obligation to provide a reasonable accommodation under the Americans with Disabilities Act (ADA).”
The acting director of the EEOC’s Miami District Office added this statement: “Employers must not discriminate against either pregnant women or people with disabilities who request accommodation. Pregnant women should not be deprived of the right to work and earn an income.”
How employers are required to treat pregnant workers varies from state-to-state. However, the House of Representatives recently and overwhelmingly passed the Pregnant Workers Fairness Act. The bill would require employers to give pregnant employees accommodations, such as switching to light duty, having access to a stool to sit on, or more frequent water breaks so they can keep working while protecting their health, unless doing so would cause the employer an undue burden. This is the first time such legislation has been voted on, despite having been introduced in every Congress since 2012.
Compliance Perspective
Issue
Failure to follow federal and state laws regarding provision of reasonable accommodation for pregnant employees experiencing pregnancy-related complications that rise to the level of a disability may be considered a violation of the ADA, and result in the EEOC filing a lawsuit.
Discussion Points
- Review policies and procedures regarding state and federal regulations for providing reasonable accommodation to pregnant employees asking for such assistance.
- Train staff about the ADA, the Pregnancy Discrimination Act, FMLA, and the facility’s policies regarding reasonable accommodation.
- Periodically audit to ensure that employees are aware of their rights to reasonable accommodation and the facility’s policies.
FOR MORE INFORMATION ON THIS TOPIC view: KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
