Please contact your federal legislators to encourage them to take any necessary remaining steps to pass the proposed Pregnant Workers Fairness Act. The reason is that pregnancy itself is not protected by the Americans with Disabilities Act. As a result, pregnant women have long been unable to seek reasonable accommodations for workplace conditions that might pose a risk to them and the unborn child during pregnancy. When my wife was pregnant with our two sons, she suffered from debilitating nausea. Even when the nausea subsided, she would have greatly benefited from pregnancy accommodations that would have made her work conditions substantially easier for her to balance with her physical symptomology. Pregnancy impacts women in very different ways. Many pregnant women experience a range of physical difficulties for which accommodation is necessary. However, because pregnant women are not generally deemed to have a qualifying disability under the ADA, they are not entitled to reasonable accommodations that would help them perform the essential functions of their job. Further, pregnant workers often have reason to avoid certain risks at work, such as heavy lifting, long periods of standing, toxic or noxious substances, long hours, etc. The Pregnant Workers Fairness Act would level the playing field and allow women to seek accommodation for such work conditions, keeping employees happier and ensuring an added level of protection for the fetus. If you have any questions regarding this topic, please don’t hesitate to contact us at [email protected] We can help!
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