How to manage pregnancy-related accommodations.

The Americans with Disabilities Act (ADA) requires that otherwise qualified disabled workers receive reasonable accommodations that allow them to perform their job's essential functions. For years, pregnant women with common pregnancy-related complications--morning sickness, temporary weight-lifting restrictions, the need for more frequent bathroom breaks--were not entitled to the ADA's protection. Pregnancy was considered a time-limited condition. But under the right circumstances--as when severe complications emerged during pregnancy or birth--pregnant or formerly pregnant workers became disabled and entitled to accommodations.

In 2015, the Supreme Court ruled that pregnancy had to be accommodated if an employer provided others with temporary medical restrictions with light-duty assignments. That allowed more pregnant women to request reasonable accommodations. But not everyone was covered. With the recent passage of the Pregnant Workers Fairness Act (PWFA), all pregnant women are now entitled to reasonable accommodations for pregnancy-related complications. A recent case decided before the PWFA became law offers tips on how to handle pregnancy-related accommodation requests.

Nicole worked for the Georgia governor's office as a web content specialist when she had a cesarean section while giving birth. Two weeks later, she was out of FMLA leave. Her doctor recommended tele-work while recovering. Her supervisor temporarily agreed, knowing that no daycare centers accept infants that young. At six weeks post-partum, her doctor recommended another two months of telework without explaining why. The employer then requested more information. Nicole didn't provide any and was terminated. She sued. But the court tossed the case, noting an employee must at least provide an explanation of her disability and how the requested accommodation accommodates it. (Owens v. Georgia, 11th Cir...