Labor Pains: The Inadequacies of Current Federal Pregnancy Laws and the Alternative Routes to Accommodation

Authors

Sara Alexander, Mississippi College School of Law

Publication Date

Spring 2024

Abstract

Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at a nursing home in Indiana was terminated because she required light-duty accommodations, in order to avoid having a miscarriage.

Recently, legal commentators have advanced three approaches in an attempt to secure affirmative rights to workplace accommodations for pregnant women. The first argument highlights that the Pregnancy Discrimination Act of 1978 (PDA), an amendment to Title VII of the Civil Rights Act of 1964, should provide "pregnant workers to any accommodations offered to other employees who are similar in their ability to work." The second argument propounded is that pregnancy should be included in the scope of the Americans with Disabilities Act of 1990 (ADA) and that pregnancy should be accommodated as a disability. The third argument is that pregnant workers need a separate statute that entitles them to workplace accommodations.

Recommended Citation

Alexander, Sara (2024) "Labor Pains: The Inadequacies of Current Federal Pregnancy Laws and the Alternative Routes to Accommodation," Mississippi College Law Review: Vol. 37: Iss. 2, Article 9.
Available at: https://dc.law.mc.edu/lawreview/vol37/iss2/9