Is pregnancy a "disability" under the ADA?
No. Pregnancy is not itself considered a "disability." But pregnancy-related ADA claims can arise when there are complications with a pregnancy, or if an employer improperly views a pregnant woman as disabled and discriminates against her on this basis. If a pregnant employee is temporarily unable to perform her job because of her pregnancy, she must be treated the same as other temporarily disabled employees. If modified tasks, alternative assignments, available "light" work, or disability leave with pay are provided, these all must be provided to the pregnant employee as well.
Pregnancy-related employment issues can seem intimidating because they potentially involve so many different areas of the law: family leave, disability protections, and sex bias. But when you get right down to it, the law simply requires that you treat pregnant women no worse than similarly situated non-pregnant people --whether they're job applicants or current employees. If you get hung up on the details, try to look at things from that perspective.
Reprinted with permission. © CCH
<p>Is pregnancy a "disability" under the ADA? No. Pregnancy is not itself considered a "disability." But ...</p>