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 bothunder Title VII and disability discrimination under the ADA.
The court tossed out her ADA claim. It reasoned that the(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. She was fired and would have given birth before ever becoming eligible.
- If you need to discipline, verify facts with several sources
- Weight discrimination: The next big protected category?
- Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules
- Document rationale for rejecting every job applicant—and stick with it
- Do your best to promote workplace civility, but don't sweat faux pas that weren't meant to offend