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Rice Law Office Blog

This blog reviews important legal issues including: personal injury, employee compensation, workers compensation, discrimination and wrongful termination.

PREGNANCY DISCRIMINATION INFORMATION

PREGNANCY DISCRIMINATION INFORMATION

These frequently asked questions are drawn from the New Hampshire Commission for Human Rights. Visit their website for more information.

  1. Is a pregnant woman entitled to maternity leave?

Yes, an employer must grant a female employee leave for the period of time she is physically disabled due to pregnancy, childbirth or related medical conditions.

 

  1. Is there a set period of time for maternity leave?

No, there is no set period of time for maternity leave. It is based on the period she is disabled as determined by a physician, usually the employee's personal doctor.

 

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Supreme Court Rules Employers Must Accommodate Pregnant Employees

Supreme Court Rules Employers Must Accommodate Pregnant Employees

On March 25, 2015 the Supreme Court ruled that employers must provide the same work accommodations for pregnant employees with work limitations as they do non-pregnant employees with a similar inability to work. The ruling clarifies and extends employee protections under the Pregnancy Discrimination Act, requiring employers to provide “legitimate, non-discriminatory” reasons when denying accommodation to a pregnant employee.

In Young v. United Parcel Service, Inc. (UPS) the plaintiff worked as a part time UPS driver, and after becoming pregnant her doctor advised that she should not lift more than 20 pounds as she had suffered several miscarriages in the past. UPS would not accommodate this restriction, and Young ultimately lost her job for choosing to stay out of work. As a result, the plaintiff lost her health insurance and was forced to take on the costs of her pregnancy without coverage. 

Young brought an action against UPS, but the company maintained that they were only required to provide work accommodations for employees that were injured on the job, had lost their Department of Transportation Certificates, or were disabled under the Americans with Disabilities Act. After the Fourth Circuit Court of Appeals sided with UPS, the case was picked up by the Supreme Court, which ruled in Young’s favor.

NH law already provides pregnant employee with extensive job protection and time off with right to return to work after, this ruling clarifies accommodations for pregnant employees while they are on the job.

What does this mean? Companies that offer light or accommodated work duty for employees with work limitations have to provide similar accommodation for pregnant employees. Employers need to be proactive in updating their policies, and pregnant employees should be aware that they might have the right to accommodated work during the course of their pregnancy.

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