A recent paper by a University of Dayton law professor, Jeannette Cox, puts forth the idea that pregnant women should be covered by the Americans with Disabilities Act (ADA), in order to protect them from discrimination in the workplace.
Because the ADA doesn’t recognize pregnancy as a disability, Cox argues, it leaves pregnant women vulnerable to employment discrimination on the job. Her studies found pregnant women at risk for losing their jobs when “reasonable adjustments” weren’t made for their condition—in one example, a retail worker was fired for needing to drink water during her shifts at work.
Because the ADA covers people with “minor temporary physical limitations comparable to pregnancy’s physical effects,” Cox believes that pregnancy fits under this umbrella. Disabled workers may forgo tasks that include heavy lifting, bending, or prolonged sitting or standing. Pregnant women do not have this protection, and some may end up being fired or quit because they cannot do the work.
Of course, Cox’s conclusions are only academic. At this time there are no plans to amend the Americans with Disabilities Act. However, her research does bring up interesting discussion around pregnancy and workplace discrimination.
Pregnancy discrimination is illegal. However, pregnancy discrimination in New Jersey can be difficult to prove. Generally, these claims involve upon circumstantial evidence rather than direct proof.