A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities.
The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it would require employers to “make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.” Employers also wouldn’t be able to force pregnant employees to take leave, if another accommodation was available.
Sen. Bob Casey, D-Pa., introduced the bill. A similar bill was introduced in the House in the spring, but it remains in committee.
“Pregnant workers face discrimination in the workplace every day, which is an inexcusable detriment to women and working families in Pennsylvania and across the country,” Casey said in a press release. “My bill will finally extend fairness to pregnant women so that they can continue to contribute to a productive economy while progressing through pregnancy in good health.”
Casey introduced S. 3565 Sept. 19; it was referred to the Senate Committee on Health, Education, Labor and Pensions. If enacted, the U.S. Equal Employment Opportunity Commission would be responsible for its regulation and enforcement.
For additional information about reasonable accommodations, see Thompson’s employment law library, including the ADA Compliance Guide.