Are Pregnant Workers Entitled to Reasonable Accommodations in Washington D.C.?

As a pregnant worker in Washington, D.C., it is important to understand your legal rights. While pregnant workers in the nation’s capital have clear legal rights—including the right to reasonable accommodations in many cases—employers often do not have a clear understanding of what is required. Unfortunately, intentional violations of workers’ rights are also common. Regardless of the reason, if your employer has violated your rights, you can (and should) hire an experienced Washington DC pregnancy discrimination attorney to help you take appropriate legal action.

Understanding Your Right to Reasonable Accommodations as a Pregnant Worker in Washington D.C.

Pregnant workers in Washington D.C. may be entitled to reasonable accommodations under a few different laws. While these laws overlap in certain areas, there are also several key differences, and when taking legal action, pregnant workers must ensure that they assert the appropriate legal grounds.

The laws that may entitle pregnant workers in Washington D.C. to reasonable accommodations are:

• Washington D.C. Protecting Pregnant Workers Fairness Act (PPWFA) – The PPWFA provides broad protections for employees in Washington D.C. It applies to all employers regardless of size.
• Pregnant Workers Fairness Act (PWFA) – The federal Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to employees who have a “known limitation related to pregnancy, childbirth, or [a] related medical condition[].” It applies to employers with 15 or more employees.
• Americans with Disabilities Act (ADA) – The Americans with Disabilities Act (ADA) also applies to employers with 15 or more employees. While pregnancy is not classified as a disability under the ADA, various pregnancy-related medical conditions may entitle pregnant workers (or formerly pregnant workers) to the ADA’s protections.

Under each of these laws, covered employers are required to provide reasonable accommodations to pregnant workers unless doing so would cause an “undue hardship” (or “significant hardship or expense” under the PPWFA). When denying pregnant workers’ requests for reasonable accommodations based on undue hardship, employers must be able to affirmatively demonstrate that providing a reasonable accommodation (not necessarily the specific accommodation requested) would be financially infeasible or would cause a significant disruption to their day-to-day operations.

With this in mind, pregnant workers who request a reasonable accommodation will be entitled to one in most cases. Some examples of common pregnancy-related accommodations include:

• Longer or more frequent breaks
• Time off for healthcare appointments or to recover from childbirth
• Temporary job reassignment
• Temporary modification of job responsibilities
• Temporary relocation of the employee’s work area
• Access to different or modified furniture or equipment
• Flexibility regarding food or drink policies
• Flexibility regarding uniform requirements or dress codes
• A private space for expressing breast milk
• The ability to work from home

Importantly, when employers are required to provide reasonable accommodations, they are not necessarily required to provide the specific accommodation requested. Employers have some leeway to make business-focused decisions in this regard. However, if an employer outright denies a pregnant worker’s request for a reasonable accommodation (or fails to respond), this could provide grounds for legal action under one or more of the laws discussed above.

What Should You Do if You Have Been Denied a Reasonable Accommodation as a Pregnant Worker?

With all of this in mind, if you believe that your employer has improperly denied your request for a reasonable pregnancy-related accommodation, what should you do? In this scenario, you may have a claim for pregnancy discrimination, and you should:

1. Take Detailed Notes About Your Request and Your Employer’s Response (if Any)

It will be important for you to share as much information with your Washington DC pregnancy discrimination attorney as possible. With this in mind, you should take detailed notes about your request, your employer’s response (if any), and any other relevant communications or events.

2. Continue to Meet Your Responsibilities as an Employee (to the Extent You Can Do So Safely)

This is a situation where two wrongs do not make a right. As a result, to the extent that you can do so safely, you should continue to meet your employment-related responsibilities.

3. Talk to a Pregnancy Discrimination Attorney About Your Legal Options

If you have a claim against your employer, it will be important to have an experienced attorney on your side. To help maximize your chances of securing a favorable resolution as soon as possible, you should talk to an experienced pregnancy discrimination attorney about your legal options promptly.

Schedule a Confidential Consultation with an Experienced Washington D.C. Pregnancy Discrimination Attorney

If you have questions about your legal rights as a pregnant worker in Washington D.C., we invite you to get in touch. Call us at 410-514-6099 or contact us online to schedule a confidential consultation with an experienced Washington DC pregnancy discrimination attorney.