Job Accommodation Network

In 2002, there were over 61 million women of child bearing age in the United States; 56% of these women have had children and 41% of these women are employed (http://www.census.gov). During pregnancy, some women experience no, or very few, limitations. Others may have complications that develop as a result of the pregnancy or exacerbation of impairments such as diabetes, back impairment, high blood pressure, and depression during the pregnancy. As a result, women who are working during pregnancy may require job accommodations during and after their pregnancies.

Pregnancy by itself is generally not considered a disability under the Americans with Disabilities Act (ADA) because it does not meet part of the definition of disability. However, complications resulting from pregnancy and impairments exacerbated by pregnancy may constitute disabilities. To have a disability under the ADA, a person must have an impairment that substantially limits one or more major life activities.

The following is from the EEOC's guidance regarding the definition of disability:

Pregnancy -- Because pregnancy is not the result of a physiological disorder, it is not an impairment. 29 C.F.R. pt. 1630 app. § 1630.2(h); see also Byerly v. Herr Foods, Inc., 61 EPD Par. 42,226, 2 AD Cas. (BNA) 666 (E.D. Pa.1993). Complications resulting from pregnancy, however, are impairments.

Example 1 -- CP is in the third trimester of her pregnancy. Her pregnancy has proceeded well, and she has developed no complications. CP does not have an impairment. Pregnancy, by itself, is not an impairment.

Example 2 -- Same as Example 1, above, except CP has developed hypertension. CP has an impairment, hypertension. (Remember that the mere presence of an impairment does not automatically mean that CP has a disability. Whether the hypertension rises to the level of a disability will turn on whether the impairment substantially limits, or is regarded as substantially limiting, a major life activity.) http://www.eeoc.gov/policy/docs/902cm.html

If a person does not have a disability, there is no obligation to accommodate under the ADA. However, employees who are pregnant may have rights under the Pregnancy Discrimination Act (PDA) or state laws. For additional information regarding the PDA, visit: http://www.eeoc.gov/facts/fs-preg.html

For a list of state agencies that provide information regarding state discrimination laws, visit: http://www.jan.wvu.edu/cgi-win/TypeQuery.exe?037

Accommodation ideas for individuals who are pregnant:

Meeting the physical demands of the job: Individuals who are pregnant may have restrictions in lifting; walking; standing; sitting; and being exposed to chemicals, germs, and radiation. As a result, they may benefit from accommodations such as lifting aids, reserved parking close to the worksite, stand/lean stools, ergonomic chairs, reassignment to a less physically demanding job, and a workstation away from chemicals, germs, and radiation.

Working a specific schedule: Individuals who are pregnant may have various symptoms, such as morning sickness, fatigue, difficulty sleeping, and back pain, that interfere with their ability to work a specific schedule. As a result, they may benefit from accommodations such as a flexible arrival time, periodic rest breaks, an ergonomic workstation, work from home, limited overtime hours, transfer to another shift, and flexible use of leave.

Other: Individuals who are pregnant may have other work-related accommodation needs such as modification of the employer's dress code, a workstation that allows for elevation of the feet, and accommodations related to emergency evacuation.