A recent claim of pregnancy discrimination by a Connecticut employee provides employers with a useful reminder about their legal obligations to pregnant workers.
Amy Zvovushe alleges that when she requested a pregnancy leave from her employer, she was told that since she was ineligible for Family Medical Leave Act leave (Ms. Zvovushe had not been with her employer for the requisite 12 months), her taking of unapproved time off would be considered a “voluntary resignation.” However, after being contacted by Ms. Zvovushe’s attorney, her employer changed course and provided Ms. Zvovushe with the requested leave. Ms. Zvovushe later filed discrimination claims with the Connecticut Commission on Human Rights and Opportunities and the Equal Employment Opportunity Commission (EEOC).
Under federal law, pregnant workers must be treated like all other workers. The Pregnancy Discrimination Act (PDA) requires that pregnant workers be allowed to perform their usual duties and to work as long as they are able to perform their jobs. Additionally, if a pregnant worker requires an accommodation, employers must treat this request like any other request for time off due to a temporary disability. Therefore, whatever an employer would offer a temporarily disabled employee –modification of work duties, paid leave, or unpaid leave – it must offer the same benefits to pregnant workers.
(Note: the EEOC does not consider pregnancy a “disability” for purposes of the Americans with Disabilities Act, but pregnancy-related conditions may be considered disabilities).
State laws often provide additional protections to pregnant workers. Connecticut law makes it illegal “[t]o terminate a woman’s employment because of her pregnancy” and “to refuse to grant to [a pregnant] employee a reasonable leave of absence for disability resulting from her pregnancy.” Massachusetts law provides that full-time employees who have completed at least three months of work or an employer’s initial probationary period (with an employer that has 6 or more employees) are entitled to an unpaid eight-week maternity leave.
Employers, however, are generally not required to offer pregnant employees over and above what they would offer other employees. Thus, employers are not obligated to establish maternity leave policies or provide time off when they would not provide this time off to workers with other temporary disabilities. However, this must be the employer’s actual practice and not just official company policy. (see our post from a few months ago on the importance of uniform enforcement of company policies).
