There are two federal laws that may require an employer to accommodate a pregnant employee: The Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). If someone is temporarily unable to perform their job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat them the same way as it treats any other temporarily disabled employee.
The PDA forbids employment discrimination based on pregnancy, childbirth or medical conditions related to pregnancy or childbirth. The law requires employers to treat a pregnant employee who is temporarily unable to perform or is limited in performing the functions of her job because of pregnancy, childbirth, or a related medical condition in the same manner as it treats other employees who are similar in their ability or inability to work. Under the PDA, a covered employer is responsible for making job-related modifications (or accommodations) for pregnant workers when the employer does so for other employees who are similarly limited in their ability to perform job functions. A change in duties can include, for example, light duty, alternative assignments, additional breaks, or unpaid leave. For example, an employer with a policy of accommodating most non-pregnant employees with lifting limitations would be required to also accommodate pregnant employees with lifting limitations.
The ADA requires employers to provide reasonable accommodations to employees with disabilities so long as doing so does not impose an undue hardship on the employer. Although pregnancy alone is not a disability under the ADA, many pregnancy-related conditions are disabilities that an employer may have to accommodate under the ADA. An employee with a pregnancy-related disability under the ADA may also qualify for Family Medical Leave Act (FMLA) leave.
Employees seeking an accommodation or are wanting to report harassment or discrimination due to pregnancy, contact the Title IX Coordinator at TitleIX@ung.edu or 706-867-4560.