Navigating Pregnancy Discrimination in the Workplace: Understanding Workplace Accommodations and Legal Protections
Learn about pregnancy discrimination in the workplace, the Pregnant Workers Fairness Act, and how employers are required to accommodate pregnant employees.
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The Legal Landscape of Pregnancy Discrimination
Since the passage of the Pregnancy Discrimination Act in 1978, Title VII has expressly prohibited pregnancy discrimination, recognizing it as a form of gender discrimination. The Act prohibits a wide range of discriminatory actions, including refusing to hire or firing someone due to pregnancy. Employers are advised by the U.S. Equal Employment Opportunity Commission to base decisions on a pregnant individual's abilities and commitment to the job, rather than stereotypes or assumptions.
Case Example: Austin, Texas Bar Lawsuit
In a recent case, the U.S. Equal Employment Opportunity Commission alleged that a bar owner in Austin, Texas, violated the Pregnancy Discrimination Act by firing a pregnant bartender out of fear for her safety during a potential bar fight. This highlights the importance of not letting unfounded concerns lead to discriminatory actions against pregnant employees.
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The Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) addresses the accommodation of pregnant employees in the workplace. This Act, which came into effect recently, mandates that employers must provide reasonable accommodations to qualified employees whose roles are affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.
Workplace Accommodations Under PWFA
Employers may need to accommodate pregnant employees by offering solutions such as providing chairs or stools, break times for rest, access to medication, or exceptions from strenuous activities. An interactive process, similar to that recommended for the Americans with Disabilities Act, may be necessary to determine suitable accommodations for pregnant employees.
Photo by Jordan Bauer on Unsplash
Case Study: Zaxby's and Pregnancy Accommodations
In the Zaxby's case, a pregnant teen employee requested a change in duties after feeling faint in the kitchen. Instead of engaging in a productive discussion about accommodating her, the manager allegedly disregarded her concerns. This case underscores the importance of employers understanding and fulfilling their obligations to pregnant employees under Title VII and the Pregnancy Discrimination Act.