Laws accomodating pregnancy in the workplace
Title I of The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide qualified individuals with disabilities with reasonable accommodations.
This fact sheet provides information about reasonable accommodations under Title I.
"Undue Hardship" Under the ADA "Undue hardship" under the ADA means "significant difficulty or expense" for the employer.
Factors the employer may consider in weighing undue hardship include: The standards for reasonable accommodation and undue hardship have proven difficult for courts to identify and apply uniformly.
Instead, the law provides an exception if accommodation would cause "undue hardship" to the employer's business.
The ADA therefore strikes a balance -- between the accommodations an employee needs or desires in order to meet the requirements of a certain job, and the investment and modifications an employer must make in order to accomplish those accommodations.
Courts around the country also disagree on this issue, and until Congress or the Supreme Court offers greater clarification, many accommodation disputes will likely end up in court. The ADA prohibits employers from engaging in a broad range of discriminatory conduct on the basis of an employee's disability.
Employers must make reasonable efforts to determine the appropriate accommodation for you, by consulting with you and giving primary consideration to your preference.
For example, smokers can be required to pay more for their company health insurance and some localities have banned e-cigarettes at work.
Non-smokers also have legal rights that relate to smoking and smoking areas in the workplace.
You should also be aware that there are other laws that protect the rights of qualified persons with disabilities from discrimination in an employment context other than Title I of the ADA.
For example, state law, such as the California Fair Employment and Housing Act also protects qualified individuals with disabilities from discrimination in employment. Under the ADA, a reasonable accommodation includes modifications or adjustments that enable employees with disabilities to perform the essential functions of their job.