Pregnancy policies protect employers and employees
What state and/ or federal laws prohibit discrimination based on pregnancy?
The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII of the Civil Rights Act of 1964. This federal law clarified that sex discrimination on the basis of pregnancy is unlawful. Oklahoma's law prohibiting sex discrimination based on pregnancy is found in the Oklahoma Anti-Discrimination Act (OADA).
Employers are prohibited from taking adverse employment actions against employees because of pregnancy, childbirth or related medical conditions. The OADA specifically states that “women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work.”
In what circumstances may a pregnant employee be accommodated?
Although the PDA does not necessarily require that an employer accommodate a pregnant employee, there are circumstances in which an accommodation may be necessary. For example, if an employer provides light duty (such as lifting restrictions) to employees on workers' compensation, it should also provide light duty to pregnant employees. Although pregnancy alone is not considered a disability, there are additional laws that employers must consider when working with pregnant employees.
For instance, the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) may come into play. For example, under the ADA, medical conditions caused by pregnancy, such as gestational diabetes, high blood pressure or preeclampsia could be a disability. Therefore, a reasonable accommodation may be required during the pregnancy. The employer should review each situation on a case-by-case basis. Additionally, an employee may seek up to 12 weeks of unpaid FMLA leave for the birth of a child, or placement of a child with the employee for adoption or foster care.
How should an employer handle adverse actions against pregnant employees when the situation warrants such action?
The employer should treat the pregnant employee no different than non-pregnant employees. Just as with any employee who is a member of a protected class, the employer can take action against a pregnant employee for a nondiscriminatory reason. Non-discriminatory reasons may include discipline, up to and including termination for violating the company's policies and reductions-in-force. It is imperative that these decisions to take adverse employment actions are not based on the employee's pregnancy, plan to become pregnant or some other related factor. These decisions should be considered thoughtfully and well documented.
What sort of practices or policies should a business have in place to ensure compliance with the various laws that may impact the workplace?
Along with written anti-discrimination and harassment policies being distributed and explained to the workforce, the employer should provide routine training to its entire management team on how to spot and handle requests for leave and other accommodations. Many times, the employee is asking for help, but because the employee has not made an official request, management may overlook it. There are no magic words the employer needs to hear before considering an accommodation or request for leave. Managers should get Human Resources involved so that all of the appropriate steps are taken and accurate documentation is given and obtained..