I have a problem pregnancy. Am I protected under the Americans with Disabilities Act?

Most pregnancies are covered by the Family Medical Leave Act (FMLA) and the Pregnancy Discrimination Act (PDA). These two laws protect employees from discrimination based on pregnancy and lay the ground rules for taking leave for the birth of a child. However, when a pregnancy is threatened or comes with serious complications, legal rights are more difficult to determine. In some cases, the Americans with Disabilities Act (ADA) may be an option.

Pregnancy Leave and the FMLA and PDA

Under the FMLA and PDA employers must treat a pregnant woman like any other employee with a temporary disability. This includes accommodations for changes in physical condition and providing leave for medical appointments, childbirth and care for a newborn. Although the law considers a normal pregnancy a temporary disability, a woman can still be disciplined or terminated for excessive absences or for not performing her job duties.

When a pregnancy is a problem pregnancy, the woman may be covered under the ADA. In opinions released from the Equal Employment Opportunity Commission (EEOC), it’s said that when a pregnant woman is experiencing substantial complications that interfere with major life activity, the pregnancy may qualify as a disability under the ADA. Whether the act protects an employee from absences related to a complicated pregnancy depends on the severity of said complications. Being placed on bed rest, for example, may not be enough. Because there is no definition related to this issue in the statute itself and the Commission’s opinion does not bind the courts, the decision about whether the ADA applies to problem pregnancies is up to a judge.

Courts and the Equal Employment Opportunity Commission

A 7^th Circuit Court ruled that the ADA does not apply. A healthcare worker experienced serious complications with her pregnancy and was placed on two weeks bed rest. At the end of the rest period, her doctor allowed her to return to work but be placed on light duty. Since light duty was not allowed for any employee, the accommodation could not be made. She was terminated. The court ruled that the need to control premature labor met the definition of a “physiological condition” under the ADA. The court also said that because pregnancy is by nature temporary, the complication does not interfere with major life activity. The court did not consider it a temporary disability.

Later, the EEOC filed suit against a homebuilder for denying a woman additional unpaid leave after she was put on bed rest for seven months of an extremely risky pregnancy. The reason for the success of this suit is Congress expanded the definition of major life activities to include more routine tasks, such as “caring for oneself.” However, it is still unclear whether the ADA is meant to cover all types of temporary disabilities in all circumstances. It seems that the measure is based on the severity of the complications and how long a pregnant woman is unable to perform basic duties.

Case Studies: Insurance and Pregnancy-Related Complications

Case Study 1: Coverage for High-Risk Pregnancy

A woman with a history of high-risk pregnancies sought insurance coverage for her current pregnancy. Despite providing medical documentation and evidence of her condition, the insurance company denied coverage, citing the pregnancy as a pre-existing condition. The woman faced significant financial burden due to medical expenses and had to seek legal help.

With the assistance of an insurance lawyer, she filed a lawsuit against the insurance company for unjust denial of coverage based on discriminatory practices. The case is ongoing, highlighting the challenges individuals face when seeking insurance coverage for high-risk pregnancies.

Case Study 2: Reimbursement for Complications During Pregnancy

A pregnant woman experienced severe complications during her pregnancy, requiring multiple hospitalizations and specialized medical care. She had comprehensive health insurance coverage but faced significant out-of-pocket expenses due to the high cost of treatment. Seeking reimbursement for the incurred expenses, she consulted with an insurance lawyer to understand her rights and the coverage provided by her policy.

The lawyer assisted her in filing a claim and negotiating with the insurance company to secure full reimbursement for the medical expenses. The successful resolution of the case emphasized the importance of understanding insurance policies and advocating for appropriate coverage during complicated pregnancies.

Case Study 3: Denial of Maternity Leave Benefits

An expectant mother working for a company with maternity leave benefits encountered difficulties when trying to access her entitled benefits. Despite meeting the eligibility criteria and submitting the necessary documentation, her employer denied her maternity leave and related benefits, citing misinterpretation of the company’s policy.

Frustrated and concerned about her rights being violated, she sought legal advice from an employment lawyer specializing in insurance matters. The lawyer reviewed her case and identified the employer’s wrongful denial of benefits. Through legal intervention, the woman was able to secure her rightful maternity leave benefits and obtain compensation for the emotional distress caused by the initial denial.

Getting Help

Because discrimination laws can be complicated, it is best to consult a labor attorney before filing any claims. A labor attorney can review the law with you and advise you on the best course of action for your individual case.