Pregnancy and Family Responsibility Discrimination under the ADA, FMLA and State and Local Laws

Today Forbes ran an article entitled "Proliferating State & Local Pregnancy Laws Make Modifying ADA/FMLA Procedures a Must for Most Employers"  which discusses the increasing trend among states and municipalities to enact pregnancy accommodation requirements with greater obligations for employers to accommodate employees who are pregnant than existing federal laws such as the Family & Medical Leave Act of 1993 and the Americans with Disabilities Act of 1990, as amended by the ADAAA of 2008.

While Utah has not enacted specific protections for pregnancy related accommodations beyond those found in the ADA, FMLA and Utah Antidiscrimination Act,  there is an increasing amount of litigation in Utah and across the United States involving pregnancy-related claims and caregiver discrimination (i.e., family responsibilities discrimination) and related claims. These cases include cases alleging discrimination, retaliation and/or harassment for being a caregiver to children, spouses, parents or other close family members and are vary closely connected to pregnancy-related claims.

The complexity of the modern workforce, combined with the fact that most families across the United States include at least two wage earners who often must juggle workplace demands with life demands, has created an environment where caregiver claims are rising. These work-life demands create complex issues for both employees and employers.  As the Forbes article notes, employers and employees should anticipate additional changes to the current law governing pregnancy-related leave and disability, as well as family responsibility leave, and will need to re-evaluate policies and procedures to accommodate these changes.

In response to this growing trend, the EEOC issued guidance on disparate treatment of workers with care giving responsibilities. It has also issued a best practices guide for employers in dealing with workers who have caregiver responsibilities, as well as a Q&A on its enforcement guidance in this area. Of course, employers are well advised to re-evaluate policies on an annual basis, train their workforce and promptly respond to complaints of discrimination, harassment or retaliation relating to caregiver responsibilities and pregnancy. Employers should also consult experienced counsel for assistance with developing, implementing and enforcing workplace policies and procedures in this area.

Employees should also take steps to learn about their rights in this area of the law. If you have been denied leave or an accommodation because of you pregnancy or pregnancy-related condition, or because of other caregiver responsibilities you have, you should consult an experienced employment law attorney who can advise you on your employer's obligations and your rights under municipal, state and federal laws.

Often, short-term disability and long-term disability policies interact with employer leave policies, which creates an added layer of complexity. An experienced employment lawyer can assist you with sorting through this area of the law.  If you have questions, please feel free to contact one of our lawyers.