For example, you may have to provide modified tasks, alternative assignments, disability leave or unpaid leave—just as you would someone with a back injury.
If your organization doesn’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.
Recent case: When nurse Rebekah Noecker became pregnant with twins, her doctor placed restrictions on her working conditions. At first, the hospital found some make-work tasks for her. When those were completed and she’d used up her leave, she was told to go home.
She filed a pregnancy-bias lawsuit. But she couldn’t point to any other employee with a temporary incapacity who got better treatment than she received. So the court dismissed her case. (Noecker v. Reading Hospital, No. 5:08-CV-03553, ED PA, 2010)
Note: Leave resulting from pregnancy would qualify for unpaid if the employee is eligible.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Defend against being sued personally for your mistakes
- Prescription for procrastinators
- Demand concrete evidence of employee's disability
- Calculating the time-worked threshold for FMLA eligibility