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A University of Dayton law professor is making the case that pregnant women should be considered disabled under the Americans with Disabilities Act. It sounds kind of insulting at first, but the designation could actually mean greater job security and better accommodations at work for pregnant women.
What kinds of accommodations? Well, employers would be required to let pregnant women in physically demanding jobs switch to light duty if necessary. They’d also have to let pregnant women do things like drink water on the job and take more restroom breaks—things that a lot of us with white-collar (or, uh, work-from-home) jobs probably take for granted, but not all pregnant women can.
“The goal there of course is to get pregnant women accommodations so they can continue working as they can hopefully up to the moment of birth,” said the professor, Jeannette Cox, who noted that lack such accommodations is particularly bad for women in male-dominated positions or low-income women in physically demanding jobs. Expanding the Americans with Disabilities Act to include pregnant women could help more women get the accommodations needed to keep working.
However …It’s a pretty sad state of affairs when our country has to legally define pregnancy as a disability in order to get pregnant women things like bathroom breaks and water privileges from employers. It also seems like the designation would complicate things—if the law was changed, could a pregnant woman potentially collect disability benefits for her whole pregnancy?
Of course, the seminal pregnancy discrimination statute, the Pregnancy Discrimination Act (PDA) of 1978, already requires similar treatment of disabled and pregnant workers. And with expansions to the ADA passed in 2008, defining pregnancy as a temporary disability isn’t that much of a stretch (the amendments “really expanded the notion of what disability is to include short term things, things that are relatively minor,” Cox said). Under the amended ADA, a disability is defined as “a physical or mental impairment that substantially limits one or more major life activities.” But some of the ‘major activities’ included in this definition are things as minor as lifting or bending. And while a disability can’t apply to a ‘transitory impairment,’ the act defines transitory as 6 months or less.
But while defining pregnancy as a disability may technically make sense, there’s something strangely worrisome about pathologizing pregnancy this way. What do you think?
UPDATE: Check out the poll results and follow-up comments from lawyer Jeannette Cox.
I totaly agree with sharon mccraw, pregnancy is NOT A DISABLITY and never will be!!!!. To become pregnant is a lifestyle choice, disability is something that your either born with or develope. And believe me, my mum, my younger sister and myself know all to well!!!!!!!!!!!!!!!!!!!!!!!!
No pregnant women are NOT disabled, i have a very long term and some what rare heart condition which does effect me from day to day, i’m on beta blocker tablets and a state of the art pacemaker. So far i’ve had 5 major heart operations and have another due next year!!!. When my heart condition flares up badly i feel bloody awful and just about manage to work. And i have been told by my cardiologist i can never have children or carry a baby because it would kill me!!!
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For those of you posting your disrespectful comments about pregnant women please remember that you’re here because a woman gave birth to you. Wherever you stand on the issue, you need to communicate like a human being.
There do exist life threatening and debilitating conditions during pregnancy those pose risk to both mother and child. Please do your research before leaving such ill educated comments which stereotype all women into one category.
I personally am disabled and I think this is a very low blow to me and many other women like me. Disability is forever, and pregnancy is a choice. Whoever thought this one up should see what it feels like to really be disabled. I call BS on this one.
I do not feel that women should be disabled. Then they will want to steal from the Social Security retirement program. Women wanted to be treated equal like men and now that they got that, they want special treatment for being pregnant. Get real…. If you want special treatment, then stay home and let your husband wait on you. I had a hysto because of cancer and got less of a medical leave then the women on maturnity leave. Get over it…it is a baby and women use to have them in fields and get right back to farming with the kid on their back. If they don’t like how they are treated, then either quit, don’t get pregnant or stay home. Pregnancy does nothing to limit what you can and can not do at most jobs. They already wanted special parking at shopping centers….they need the exercise. Stop being a baby when your carrying one.
I think women should be allowed because it would help them a lot during pregnancy. But then again women might take advantage of this and might fake it or even get pregnant just for the help
I feel that these amazing women are carrying precious cargo and that they need to be considered as “Handle with Care”. Not Disable though.My name is Melvin Neal Edwards. I am a new author/writer of a children’s book entitled “The Three Picnic Bears”. It is for children between the ages of 3 to 8 years of age. This book teaches children about honesty and being truthful in life. The Three Picnic Bears is a funny story and focuses on a very popular sandwich enjoyed by children and adults; peanut butter and jelly. Everyone who reads this book will definitely enjoy it. It can be purchased from Trafford Publishing 1-888-232-4444 for $ 3.99 ( E-Books); also Amazon.com. There are pictures throughout the story and some questions/answers at the end. Remember no peeking at the answers. Please feel free to contact me at edwardsmelvin59@yahoo.com. Also my website : ChildzBooks.com. thethreepicnicbears.blogspot.com. This is a very great deal. Enjoy
I think it should be left up to each woman to file disability just like fmla..every preg is different some women have no issues some woman have lots..I think we should help ones who need it but not punish those who dont
This is such an interesting topic and something that is near and dear to my heart as a mother and as a Human Resources professional. I will first say that, generally speaking, pregnant women, just by virtue of being pregnant, should not be considered “disabled.” However, in many cases, a woman may become disabled during her pregnancy due to complications, weight, pre-existing conditions, being pregnant with multiples, among other reasons. In these cases, if the pregnant woman is unable to perform major life activities (which could be as simple as proper digestion in the case of early pregnancy nausea), then she would be considered “disabled” and protected by the ADA. If she has a doctor’s note stating that she needs an accommodation due to her disability, it is not the employer’s decision to make as to whether or not she is disabled. The employer can only determine whether or not the employee can perform the essential functions of the job with accommodations. This is the only protection the ADA provides. Therefore if an essential function of an employee’s job is to haul 50 pound boulders from one pile to another, and she is unable to do this due to pregnancy or any other disability, the employer would not necessarily have to accommodate her. Additionally, pregnancy is already protected under the Pregnancy Discrimination Act of 1978, which is part of Title VII of the Civil Rights Act of 1964. I am not naïve enough to say that this legal protection prevents discrimination 100%, but that would be the same case if pregnancy were covered by the ADA.
Furthermore, I think this solution is like trying to fit a square peg into a round hole because it is avoiding the “real” issue facing mothers of young children in the workplace. Women in the US are not afforded enough paid leave time to actually care for an infant. While this varies from employer to employer, many organizations do not have paid leave policies, and many mothers are forced to choose between income and recovering from labor and/or bonding with their infants. The Family Medical Leave Act (FMLA) of 1993 is an example of how blending pregnancy and parenting with disabilities and illness is failing the American family. The FMLA provides for job protection for up to 12 weeks of leave due to an illness, major surgery, the birth of a child, and time to bond with a newborn or adopted child. I realize that this was a step in the right direction when it was passed in 1993 before there was any protection for this sort of leave. However, it is flawed and needs to be updated. In European countries, leave laws are separated between Medical Leave and Family Leave. We could argue that leave are excessive in European countries and could impact businesses, but that is for another day. By simply separating the two different types of leaves, a woman who wanted to, and had the financial ability to do so, could take the full 12 weeks of leave to bond with the baby whether or not she may have had to take medical leave prior to the birth of the child. This raises another issue that the leave is often not paid, and usually when it is needed most. Some states, NY for example, mandate short-term disability payments while the woman is disabled, usually this is for 6 weeks after a vaginal delivery or 8 weeks after c-section. This would also cover anytime where she becomes disabled prior to the birth of the child. In NY, it is a minimal payment of $170 per week, but it does not cover the protected time under the FMLA for “bonding.” While I don’t have a solution as to how the government could fund some version paid leave, even if only at a percentage of a woman’s salary, I think this would be a more worthy cause than lobbying for pregnancy to be covered under the Americans with Disabilities Act.
Lori, thanks for the long, thoughtful comment. Your perspective is so interesting to have here, and I really appreciate the time you took to explain all the legal ins and outs! It’s really unfortunate that this topic is so confusing—both for employers and employees—and it’s something that is really intimidating as someone who at least hopes that someday I’ll be having a baby and a career. I don’t think enough women think about how these kinds of laws could impact their pregnancy and motherhood, and certainly it’s not an issue that gets enough discussion.
I have to say, I am sorry for the very LONG comment! As you can tell, this is a topic about which I am very passionate. It is unfortunate that it can be confusing for both employers and employees. It is something, I personally try to discuss with each employee taking leave in detail prior to their leave. There are many misconceptions, specifically related to pay, that I need to explain. I hope this helps at least a few readers understand the ins and outs of some employment laws out there and how they are and are not protected when pregnant and/or disabled.
NO, they should not be able to claim disability. They chose to be pregnant. Employers should have some consideration for the mother’s condition but as far as disability… NAH. If a pregnant woman has complications during her pregnancy she needs to take precautions herself.
I do not think that they should be labeled as disabled but their employers should make accommodations for them while they are pregnant. I myself having had 4 children and having 3 of them by c-section my employers did make accommodations while I was pregnant to ensure that I did have healthy deliveries and healthy children. If pregnancies were labeled as being disabled then it would put more of a strain on the social security funds than there already is and would put this country in more of a deficit than we already are. I believe that it should be placed on the place of employment to accomodate the employee that is pregnant to make sure that they are taken care of during their pregnancy and do have a healthy pregnancy and if that means more bathroom breaks and having water at their work stations by all means allow it. If it means to allow them to have extra food at their work stations because their doctor has ordered them to eat more because they are not gaining the proper amount of weight (yes doctors have ordered their patients to eat more frequently in some cases) during the pregnancy then allow it but the lady must show proof of this, don’t go by their word. I am speaking from experience because I have been through all of this from all 4 of my pregnancies so I do know what I am talking about. But to label them disable, no I do not think this is correct. That is my opinion, others may disagree with me and they are allowed to because they have their own opinions and this is still a free country and we are all allowed to voice our opinions and views.
Yes they should be declared as disabled until the point of delivery. Women go through so many, keeping a job is very difficult in some cases. My daughter is expecting and is only going on13 weeks and she had to quit her fast food job, because of the smells mainly,she could not even work the dinning area. Just the smells from it makes her soooooo ill. She can smell everything which makes her throw up. She has no strength from the throwing u hp and nausea. And for this she had to let her job go before they would let her go. Now she needs an income, but being sick all the time and not counting the emotions from one minute to the next has caused her stress and unemployment. With proof from a physician there should be some type of help but of course only for a certain amount of time. I say this because my daughter is blessed to be living at home and she has help. But someone else out there may not be as fortunate and they may be the head of their household with other children to care for as well. So that too should be considered, if a women in single alone and on her own she especially needs additional help.
Pregnancy is not a permanent disability- but there are certain changes that are required during this time to the way a woman eats, drinks, evacuates and physically undertakes tasks. Companies should see fit to make these accomodations for their pregnant employees because it’s simply the right thing to do and to avoid injury/lawsuit. It’s incredible that we live in a country where someone has to label themselves disabled in order to receive the right to go to the restroom more frequently or have a drink of water handy. @Cee- there are a fair number of people on the ADA that are taking advantage of the system. You can’t really say that all women will take advantage of this (while it may be true in some circumstances) anymore than you can say that all current users of the ADA are completely disabled. Your posting making some legitimate points but savors too strongly of an underlying distaste for pregnant women (or perhaps women in general?).
PREGNANT WOMEN SHOULD NOT BE ABLE TO DRAW SOCIAL SECURITY DISABILITY THE USA IS ALREADY IN BAD ENOUGH SHAPE WITH THE SOCIAL PAYING OUT PAYMENTS TO BILLIONS OF PEOPLE NOW .. SOME PEOPLE ARE ABLE WORK I FEEL IF THEY ABLEDO HOUSE HOLD CHOIRS THEN THEY SHOULD NOT BE ABLE TO DRAW AND LIMIT TO THOSE WHOSE ARE TRUALLY DISABLED AND SSI PAYMENT THE SSAME WAY , ITS WAY TO MUCH FRAUD ALREADY,, IF PREGNANT WOMEN ARE ALLOWED TO DRAW SOCAIL SECURITY PAYMENTS THEN LOOK AT ALL THEM THAT WILL GET PREGNANT TO BE ABLE TO DRAW SOCIAL SECURITY. PLEASE POST YOUR OPINIONS ON THIS AS I DID .
Is it necessary to post your opinion in all caps? I actually agree with your sentiments to a certain degree, but the way showed it makes you look ignorant.
Regardless of how you might justify it to yourself, most people disregard someone online if they post this way. Personally, it gives me a headache.
I love the way everyone jumps the gun and automatically assumes that they would be able to collect Social Security. In order to collect disability from Social Security you must be completely disabled from all employment continuously for no less than 12 months. The last I knew, pregnancy only lasted for 9 months.
In California, the law that protect the rights of pregnant workers is called the “Pregnancy Disability Law”. This allows women who work for 5 or more employers to take up to 12 weeks of job-protected leave with health benefits before and after child birth. (PDL runs concurrently with the FMLA for those working for large employers).
Aren’t women always arguing that birth and breastfeeding are natural? We should let them whip out their tit everywhere because breasts are feeding tools and “natural birth in my living room foreveeer!”? Well isn’t pregnancy natural too? If you have a high risk pregnancy, then accommodations should be made, but it is a slippery slope here and women will take advantage of this and pretend the victim if they’re asked to do anything remotely daunting.
Also, all those other people on the ADA did not WANT their disability. The other disabilities are NOT a natural processes. Women cannot have it both ways..first it is natural now they are disabled…how convenient.
Did you actually read the article?
you are a dumb ass..and i hope you have a terrible life
Robyn’s comment makes me wonder why people feel it is okay to be so damn disrespectful. What, you think you’re a tough ass bitch just because you’re on a computer and can post comments like that without people knowing who you are? You’re a horrible person for even wishing such a thing on someone.