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Normal pregnancy isn’t an ADA-covered disability

by on
in Discrimination and Harassment,Human Resources

Employees undergoing normal pregnancies don’t have an ADA claim.

Recent case: Anamaria worked for Target and was fired during the last phases of a pregnancy, allegedly for missing too much work. She sued, alleging both pregnancy discrimination under Title VII and disability discrimination under the ADA.

The court tossed out her ADA claim. It reasoned that the Pregnancy Discrimination Act (PDA) was enacted before the ADA. If Congress had wanted to add pregnancy as an ADA disability, it would have done so explicitly. It didn’t. That’s presumably because it believed the PDA already offered enough protection. (Penaloza v. Target, No. 8:11-CV-33, MD FL, 2012)

Final note: Anamaria hadn’t worked for Target long enough to qualify for FMLA leave. She was fired and would have given birth before ever becoming eligible.

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