For generations, women have been participating in the workforce. Despite the presence of women in the workplace, laws about how pregnant women should be treated at work continue to evolve. The U.S. Supreme Court recently decided a case that focused on safe working conditions for pregnant women. Following the decision, the Equal Employment Opportunity Commission issued updated guidelines about women’s rights in the workplace when they are pregnant. The attorneys at Swartz Swidler help pregnant women to protect their rights to safe working conditions at their jobs.
Supreme Court decision in Young vs. UPS
The U.S. Supreme Court held that it is unlawful for businesses to allow workers who are not pregnant to perform light-duty work and then to deny light-duty work to pregnant women. The court found that even though a policy might be facially neutral, it can still have a disparate impact on women who are pregnant.
For instance, imagine that a business has a policy that workers are not allowed to perform light-duty work unless they are recovering from injuries that they sustained at work. This type of policy would disparately impact pregnant women because they might be denied light-duty work in much greater numbers than other members of the workforce.
The role of the Americans with Disabilities Act
The ruling from the Supreme Court did not address pregnancy as it relates to the Americans with Disabilities Act. However, the EEOC mentioned the relationship between pregnancy and the ADA in its notice about its updated guidance. The EEOC noted that pregnancy might not be considered to be a disability by itself. however, pregnancy-related conditions may still qualify women who are pregnant to protection under the law. For example, if a woman suffers from a herniated disc because of her pregnancy, she might qualify under the ADA.
Contact Swartz Swidler to learn about your rights
If you are pregnant and are facing issues at your job, you might want to talk to an experienced employment lawyer. Job-related problems because of pregnancy can be complicated because multiple federal laws and regulations might apply. If you believe that your treatment at work has been unfair and is a result of your pregnancy, talking to a lawyer at Swartz Swidler might help. Call us today to schedule your consultation so that you can learn about any potential legal remedies that might be available to you.