Within the past few years, there have been several major legal decisions that pertain to the rights that women have to bear children while still being employed. Cases such as Young v. UPS and McQuistion v. City of Clinton outlined the rights protecting pregnant women from discrimination in the workplace. Specifically, these cases provided standards for employers to allow for a fair and accommodating workplace for women.
This article is intended to discuss guidelines and tips that may help employers and workers establish fair workplaces that will satisfy both the worker’s and employer’s needs.
How to Work Together
A key aspect of providing adequate accommodations for a pregnant worker is communication. The process of accommodation is likely to be ongoing, but a simple way to learn what what a worker needs to be successful is by asking her. Voicing concerns and questions and being willing to compromise and adapt to the situation in a respectful manner will likely fix most issues that could arise from a worker becoming a mother. In return, it is important to be open and considerate to any questions and concerns that your employee may have regarding how her work will be affected by her pregnancy.
In general, it is important to ask for specifics from your employee or her doctor as to the limitations of her capacity to work due to her pregnancy. Generalizations such as “being unable to lift heavy objects, or being on her feet for too long,” will be unuseful in providing specific accommodations in certain fields of work.
It is the employer’s duty to ensure a fair work environment and to make adequate adjustments that allow pregnant women to continue to work. One way to think of the situation is to relate a pregnancy to any other medical condition. In that sense, what accommodations would you provide to any other worker that had a serious condition or disability?
The following is a list of accommodations that may help specifically resolve common issues regarding pregnant workers:
- Accommodations for physical demands could be in the form of lifting aids, duty reassignment, closer parking spaces, stools, ergonomic chairs, alternate work stations, and exceptions to “no sitting” rules.
- Time and personal needs accommodations could be in the form of flexible arrival times, leave for doctor appointments, food and water accessibility, bathroom breaks, limited overtime, shift rescheduling, and possibly allowing work from home.
- Medical accommodations could include access to phone calls from her doctor, scheduling for medical leave, and availability to a facility doctor (if applicable).
