When it comes to getting an on-the-job accommodation, it’s better to have a knee or back injury than to be pregnant, according to a new report.
The report by the National Women’s Law Center and A Better Balance says that pregnant women often are denied bathroom breaks or other opportunities to get off their feet. But not so for employees with back troubled or other ailments.
It seems many employers aren’t heeding the requirements of the Pregnancy Discrimination Act, which requires pregnant women be given the same righs as employees with other temporary conditions. According to the report, in fiscal year 2011, the EEOC received nearly 6,000 pregnancy discrimination complaints; employers paid out $17.2 million to settle those claims.
Nor is the Americans With Disabilities Act much help for pregnant women, since pregnancy is not a disability under that law.
So pregnant employees often are falling through the cracks in the law–not a good situation for them or for their employers.
There is hope on the horizon however: A pregnant employee for UPS has petitioned the U.S. Supreme Court to review a federal appeals court denial of her Pregnancy Discrimination Act claim against the company. According to Peggy Young, a former UPS driver in Landover, Maryland, the company refused to honor her doctor’s note recommending that she not lift more than 20 pounds during her pregnancy.
But rather than giving her a light-duty assignment and limited lifting–as it did others with medical conditions–UPS allegedly told her to leave the building and not return until she was no longer pregnant, as she had become “too much of a liability.”
Here’s the Fourth Circuit’s ruling in this case from this January.