What Are Reasonable Accommodations?
Employers are required to accommodate requests for less strenuous tasks or positions if a pregnant woman’s doctor advises that it would be best for her, or her unborn child’s, health and wellbeing.
Reasonable accommodations for a pregnant worker can include, but are not limited to:
- Providing a chair so the employee can sit during her shift
- Reassigning the pregnant work to less strenuous tasks temporarily
- Limiting or eliminating any heavy lifting
- Telecommuting, when possible
An exception to reasonable accommodation requests is if the request in an “undue burden” on the employer. This measures the amount of hassle, including the costs or financial loss, the loss of current or potential business, and new supervision or managerial requirements, that it takes an employer to grant an accommodation. For example, it is usually not burdensome for employers to modify job duties to accommodate pregnancy.
If an employer normally accommodates employees who are “similar in ability or inability to work,” they must provide the same accommodations to pregnant employees. Employers who allow temporarily disabled employees to take disability leave, or unpaid leave, must allow the same for pregnant employees.
Past Pregnancies, Childbirth & Related Medical Conditions
All current and prospective employees are protected from discrimination based on medical conditions that arose from a past pregnancy. They should never face a hostile work environment or termination when returning from work after a pregnancy-related issue.
Similarly, discrimination based on medical conditions that arose before or during childbirth is illegal. This includes any condition that requires bed rest, back pain, issues with lactation, preeclampsia, gestational diabetes, and more.
Why Hire a Moorestown Pregnancy Discrimination Lawyer?
When you retain the services of Schall & Barasch LLC, your attorney will start by evaluating your case to determine if an employer has discriminated against you for your pregnancy. They will ensure that you meet all of the filing deadlines with respect to the necessary government agencies. Your pregnancy discrimination attorney will investigate your case, collect direct and circumstantial evidence, and develop a personalized legal strategy for your claim.
These specific matters are often complicated and may be difficult to prove. However, it is important to remember that you have the right to work in a discrimination-free environment, no matter what your circumstances. As a firm that works exclusively with employment law cases, Schall & Barasch LLC is well equipped to represent you against discriminatory labor practices. We can help you seek full and fair compensation to help you recover from your losses after facing a discriminatory workplace.
Moorestown pregnancy discrimination attorneys Richard Schall and Patricia Barasch have dedicated their entire careers to advocating for the rights of employees in New Jersey and throughout the United States. Call our offices at (856) 242-8491 or contact us online to schedule a consultation.