Pregnant employees have the right to reasonable accommodations, including light-duty assignments, to help them continue working safely. However, some employers ignore or deny these requests, forcing employees to choose between their health and their jobs. If your employer refuses to provide light duty, you may be facing pregnancy discrimination.
Knowing your rights and taking the proper steps can help you challenge unfair treatment and protect your job. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Your Rights Under Pregnancy Discrimination Laws
Federal and state laws protect pregnant workers from discrimination and require employers to provide reasonable accommodations when necessary.
Key Laws That Protect Pregnant Employees
- Pregnancy Discrimination Act (PDA) – Prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- Americans with Disabilities Act (ADA) – Requires accommodations for pregnancy-related medical conditions that qualify as disabilities.
- Family and Medical Leave Act (FMLA) – Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for pregnancy-related conditions.
- State Pregnancy Accommodation Laws – Some states have additional protections requiring light-duty accommodations for pregnant employees.
If you have a medical condition that requires light duty, your employer must provide accommodations unless they can prove it would create an undue hardship.
Steps to Take If Your Request for Light Duty Is Ignored
If your employer refuses to accommodate your pregnancy-related needs, follow these steps to protect your rights and build a strong legal case.
1. Submit a Formal Request in Writing
If you have not already done so, submit a written request for light duty and include:
- A detailed explanation of your medical condition and why you need an accommodation.
- A doctor’s note specifying any work restrictions and recommended modifications.
- Specific suggestions for how your duties can be adjusted to meet medical requirements.
Keep a copy of all correspondence with your employer for future reference.
2. Document Your Employer’s Response
If your employer ignores or denies your request, document their response by:
- Keeping records of verbal conversations, including dates and what was discussed.
- Saving emails or written responses that show their refusal or failure to respond.
- Noting any comments or actions that suggest discrimination or unfair treatment.
Clear documentation can be used as evidence if you need to file a complaint or legal claim.
3. Check Your Employer’s Accommodation Policies
Review your company’s policies on workplace accommodations to determine if they are violating their own guidelines. Many companies have policies that allow modified duties for employees with injuries—pregnant employees should receive the same consideration.
If your employer has provided light duty to other employees but refuses to grant your request, this may be evidence of discrimination.
4. File a Complaint with Human Resources
If your supervisor refuses to provide accommodations, escalate the issue by filing a formal complaint with your company’s human resources department. Provide:
- A written summary of your request and your employer’s response.
- Copies of medical documentation supporting your need for accommodations.
- Any evidence of differential treatment compared to other employees.
Many companies require HR to investigate discrimination complaints and take corrective action.
5. File a Legal Complaint If Necessary
If your employer continues to deny reasonable accommodations, you may need to file a formal complaint with a government agency.
- Equal Employment Opportunity Commission (EEOC) – Handles federal pregnancy discrimination claims under the PDA.
- State labor agency – Many states have their own labor boards that enforce pregnancy accommodation laws.
- Department of Labor (DOL) – Handles violations related to FMLA leave.
A complaint can lead to an investigation and possible legal action against your employer.
When to Contact an Employment Attorney
Pregnancy discrimination cases can be complex, and employers often try to justify denials by citing business needs or undue hardship. An employment attorney can help by:
- Reviewing your case and determining if your rights have been violated.
- Gathering evidence to prove discrimination or retaliation.
- Assisting with filing complaints with the EEOC or state labor boards.
- Representing you in negotiations or legal proceedings to recover lost wages or reinstatement.
If your employer has ignored your request for light duty during pregnancy, do not wait to take action. Contact PLBH at (800) 435-7542 today to discuss your legal options and protect your rights in the workplace.