Yes, if the request for accommodation falls under the Americans with Disabilities Act (“ADA“). The ADA allows employers to request information from a doctor to learn more about the employee’s impairment to determine if it rises to the level of the ADA disability when the need for accommodation is not apparent. Further, if the pregnant employee develops an impairment such as gestational diabetes or preeclampsia can be disabilities under the ADA.
However, the employer cannot single out pregnancy-related conditions for special procedures to determine the employee’s ability to work. If the employer requires other employees to submit a doctor’s note to share their inability to work before granting leave or paying sick benefits then the employer can require the same of pregnant employees. This can arise when a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth the employer or other covered entity must treat her in the same way as any other temporarily disabled employee.
If you have been the victim of pregnancy discrimination in the workplace, we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, or contact us at 888-396-0736 or online for a free consultation.