Covid, pregnancy, work, and reasonable accommodation

By Jack Tuckner, Esq.

If you’re pregnant, working and anxious about contracting Covid-19, or otherwise dealing with a pregnancy-based medical condition, you’re entitled as a matter of law to flexibility at work as a reasonable accommodation, for example, working remotely, taking additional time off, or other temporary adjustments to permit you to remain safely employed through full-term, enjoy a reasonably long maternity leave, then return to work no worse for wear.

This is because according to recent guidance from the Centers for Disease Control and the World Health Organization, pregnant people are at an increased risk for severe illness and death from Covid-19, and pregnant women with Covid are at increased risk for other adverse outcomes, such as preterm birth.

Also, federal laws now require employers to reasonably accommodate employees enduring various pregnancy-based conditions such as severe morning sickness, gestational diabetes and hypertension or orthopedic challenges, as well as known limitations of pregnancy that affect certain major life activities, such as sleeping, walking, eating, standing, lifting or bending, in the same way they (the employer) must accommodate all temporarily disabled non-pregnant employees.

And if you work in New York City or other states or cities with broader Pregnant Workers Fairness laws, you’re entitled to this flexibility, this special treatment, just because you’re pregnant, as well as it should be, or else it’s sex discrimination, as only women require this particular type of flexibility.

If you’re obstetrician will support your request for light duty or any other commuting or time and attendance adjustments, that’s very helpful, but either way, put your requests for flexibility and reasonable accommodation or complaints of pregnancy discrimination in writing to your employer, and follow up in writing throughout the so-called interactive process and cooperative dialogue that your employer must engage in with you, so that you’ll have a documentary trail of your protected requests, the company’s responses, and their ultimate decision on your requests or complaints.