Pregnancy As Disability: Professor Wants Coverage Under American With Disabilities Act (VIDEO)

Jeannette Cox, a law professor at the University of Dayton (Ohio), is suggesting that pregnant women experience symptoms that may warrant special accommodations from their employers and that pregnancy should be covered by the American Disabilities Act (ADA).

Cox, an employment discrimination expert, has conducted research on a variety of cases where pregnant women have lost their jobs because employers weren't willing to tweak rules in order to accommodate them, according to a University of Dayton press release.

While all workplaces may not have trouble accommodating pregnant employees, Cox argues that, overall, "pregnant workers currently have less legal standing" than people with comparable limitations. This, Cox says, may become an issue for women who work physically demanding jobs.

Mother and Ohio resident Ashley Vukovic says she thinks the additional protection might give mothers-to-be peace of mind when announcing their pregnancies to their employers.

"They are waiting 20-24 weeks to even say anything to their bosses," Vukovic told NBC4. "That's a hard thing to hear."

Cox says her proposal strives to ensure job security for all pregnant women, and that the timing is right for the government to reassess what conditions the ADA covers.

"The recent expansion of the ADA's protected class now includes persons with minor temporary physical limitations comparable to pregnancy's physical effects," Cox said in the release.

Pregnant women are already protected under the 1978 Pregnancy Discrimination Act, an amendment to the Civil Rights Act of 1964.

Nevertheless, according to the Equal Employment Opportunity Commission, this law does not consider pregnancy an impairment, though pregnant workers are protected under some circumstances:

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth.

For more on the story, watch the video report by NBC4 below.

Comments

[coachnelly]

11:44 AM on 01/12/2012

I don't think that pregnancy itself should be considered a disability BUT there are times when issues arise during pregnancy (bedrest, extreme nausea, etc.) that might dictate a need for disability coverage. But to mandate from the very beginning that every pregnant woman should be allowed certain allowances and special treatment just because they got knocked up? No thanks. Having a child does not make you special nor does it entitle you to privilages reserved for those who have life-altering disabilities. Pregnancy is a choice while a disability is not.

[MLBV]

03:34 PM on 01/13/2012

Choice has nothing to do with it. Regardless of the reasons for someone to be disabled, what needs to be considered is the disability itself. The plain fact is that pregnancy is a period in which an employee is in an altered biological state, which prevents her from being able to do certain things and limits her ability to perform other tasks. It's a real medical condition. What would you say to a construction worker who comes back from a ski vacation with a broken leg--you made the choice to go skiing, so suck it up and climb that scaffold? No--for as long as the leg is broken, you have to deal with it as a broken leg. Period. Women aren't asking for special treatment beyond what is reasonable to accommodate the disability--they just want the disability acknowledged as such.

[Alexis Gonzales]

03:59 PM on 01/13/2012

An "altered biological state" is not what a disability is, doofus. Under that definition, you could call being drunk or high or the moment right after you climax being "disabled". Under the ADA, a disability is a "physical or mental impairment that substantially limits one or more major life activities". Are all pregnant women substantially limited in one or more major life activities for the entire duration of their pregnancy? No, most serious impairments or complications occur in the later stages of pregnancy. Extra hormones making you more hungry, angry, or weepy do not mean you are impaired or disabled. Needing to pee every 10 minutes because the baby is sitting on your bladder does not mean you are impaired or disabled.

[coachnelly]

04:13 PM on 01/13/2012

But that construction workers job would be in jeopardy if he isn't able to perform the task at hand. He would not be paid for a job that he cannot perform. I spent 39 weeks being pregnant while on my feet for 8-11 hours a day coaching PE, volleyball and track. Not once did I ask for special treatment. Pregnancy does not mean that I get catered to for nine months. If I can't work due to a medical condition that accompanies my pregnancy and threatens my health or the health of my child, that is different. But a run of the mill pregnancy? No. Go to work. Do your job. I didn't want special treatment while pregnant. It made me feel very uncomfortable.

[MissFrijole]

01:26 PM on 01/11/2012

Reason number 986 not to get pregnant...I really don't want kids...

[David Weidner]

09:47 PM on 01/09/2012

Wow, way to throw women's rights back 1000 years.

[Julie Ann Guerrero]

03:54 PM on 01/09/2012

Personally, I felt amazing the entire time I was pregnant! I worked until 2 days before I had my son. I don't see how being pregnant is a disability.

[IrieMoon]

01:12 PM on 01/11/2012

Take into consideration that not all pregnancies are easy and when a woman does a job that requires a more physical approach (like delivering mail) she may not be able to do her job the entire 9 months.

Would you expect a woman to carry a 50 pound mail bag all over the neighborhood when she's 8 months pregnant?

[ReDaRa]

03:52 PM on 01/11/2012

That's great that you felt amazing but I had the worst pregnancy. I was hospitalized 3 times in the first 20 weeks, on home health, lost 20 pounds, and had a PICC Line ( a long term IV) in which I had to apply 1000 mgs of fluids every night so I would not dehydrate. So maybe all pregnancies shouldn't be considered a disability but some may fall under this category. It definitely would have been nice to have this, and yes home health came to my job, I had to work the whole pregnancy because my husband was in law school. I think this is a great idea.

[jojo1216]

03:31 PM on 01/09/2012

I will suggest like a lot of stores already do, they have parking for expectant mothers or with small kids. But I will never consider pregnancy as a disability.

[milena007]

09:59 AM on 01/11/2012

I found that as a good option. Because pregnancy is not a disability.

[kristin1030]

07:42 PM on 01/16/2012

agreed, and i would like a discounted admission to amusement parks since i only stand around waiting for my other kids and husband to have a go on the rides.

[pixgirl922]

02:32 PM on 01/09/2012

Another law that will cost billions that we cannot afford. All of us paying so that a few can have something. Pregnancy is a choice, not a disability.

[listgirl3]

01:24 PM on 01/09/2012

Not all pregnancies are happy, easy glowing experiences. Some are like mine - so sick I was hospitalized twice in the first 5 months, high risk with twins, put on leave toward the end....some pregnancies should qualify for disability, and it's not because we all get tired...lol There are some women who go through actual health problems during pregnancy.

[coachnelly]

04:15 PM on 01/13/2012

The key word is SOME. And for those that would qualify as life threatening to either child or mother, absolutely. But because your ankles are swollen and your back hurts? Toughen up.

[BobinPgh]

05:32 PM on 01/13/2012

But you women then go through it again and again!? After the first time it is definitely a CHOICE!

[listgirl3]

08:27 AM on 01/14/2012

Ha ha! Mother Nature man....Mother Nature. Progression of the species. We are made to forget.

[Vicki Harper]

11:37 AM on 01/09/2012

Awesome article!! Bad enough that with both boys the husband finally decided to devote a few minutes here and there when they reached school age, so at least that would have been some type of break getting me ready for the parenting thing that was going to be 100% my responsibility for at least the first five years each. I did have preeclampsia both times but nonetheless I considered them both to be great pregnancies compared to alot of women and friends I've known. But I did have the deepest desire to constantly sleep, and I mean sleep, not be lazy but I just craved and needed sleep it seemed round the clock both times. Good for you Ms. Cox!!!

[All Seeing Guy]

01:10 AM on 01/09/2012

So, what, they'll need a chair or something?

[kharley471]

06:48 PM on 01/07/2012

Wow, if this goes through, maybe people will FINALLY stop pressuring me to have children! I mean, enough already!

[mm1970]

12:06 PM on 01/09/2012

People really need to stop that. Personally, when people pressure me, I dig in my heels. When I was 32 I went on vacation with my spouse's family, and his sister was RELENTLESS about babies (she had two) and mentioned how old I was. I was so upset.

When we got home, he called his sister and said "if you EVER want a niece or nephew, you need to BACK OFF!"

[pixgirl922]

02:30 PM on 01/09/2012

Eventually you'll geet old enough and they weill stop bugging you about children. What a relief.

[Num1Christy]

04:46 PM on 01/07/2012

I didn't work while I was pregnant, either time. But I know how gawd awful miserable I was during the 2nd and cannot fathom the thought of not having been able to nap multiple times per day. I didn't have any legitimate medical complications, I was just really tired all the time and I had some crazy sore cankles. Disability might (or might not) being taking it too far, but I do think women should be protected in the work place due to pregnancy. Us breeders populate the world (sometimes too much).

[Sock Monkey]

03:31 PM on 01/07/2012

Wait....I thought being pregnant or not was a CHOICE.

That won't legally qualify as a disability as NO ONE wants to be disabled.

That and it's an insult to all disabled that will never be full abled in their lifetime.

[MaryfromIL]

06:24 PM on 01/07/2012

Pregnancy is not always a choice, that where the phrase 'shot gun weddings' came about.

Desire has nothing to do with disability. Most women assume they can work normally right up until they deliver.

I'm am permanently disabled, and I don't see this as an insult at all. This is a temporary disability, like a broken leg. Those with broken legs are accommodated in the workplace.

When I had broken ribs, I was out for awhile on short term disability and reduced duty when I came back. Reasonable accommodations as well. Why is pregnancy different than this?

[Sock Monkey]

08:06 PM on 01/07/2012

Because there are already rules in place for medical conditions. Many are not a disability. I have a son that is disabled and will never conform to a societal norm.

[Grazie Linda]

09:15 PM on 01/07/2012

It IS a choice. If you don't want to have a child, don't get pregnant. If you have unprotected sex, get a morning after pill. If you get pregnant by accident even with al the options there are, get an abortion. If you don't want to get an abortion, then that is your choice.

If you want to have children, it's your life, but the world does not need more people, and I don't need to be subsidizing your choice to reproduce. The money to cover every pregnant woman as disabled and to educate all the children they produce has to come from somewhere. Why do childless workers have to subsidize your choice to have kids?

[meganmarieborn]

03:13 PM on 01/10/2012

Could not have said it before myself. Pregnancy isn't a disability and women have been doing for thousands of years. It may not always be a walk in the park, but it shouldn't make you exempt nor should you receive special treatment.

[Journey26]

12:50 PM on 01/07/2012

LEAH!!!
We are not talking about taking time away from our jobs, we are talking about losing, (being fired) from our jobs because we decide to have a family, which is our God given right. I don't say that a woman who is working should ABUSE the gift she is caring by working the system albeit one can be ill at times. We all have vacation and sick days. If it goes over then the company should work with us.

[Amber Young]

12:01 PM on 01/07/2012

No pregnancy is perfect... and even close to perfect ones are exhausting. I developed a heart condition while pregnant and had to sign for disability for my "heart condition" and not my pregnancy that allowed me to go into a disgusting quiet room and lay on a hard floor waiting for my arythmia to pass. Even without the heart condition, I had possibly 50% less energy than before being prego. And I lost 25 pounds from nausea. Pregnancy is for sure a disability. And if it only happens for a worker 2 to 3 times in a lifespan I think employers can suck it up and give us a break.

[Wonder Woman2]

12:00 PM on 01/07/2012

Is pregnancy a disability - yes and no! To some women yes it is- and to to others no. Some women need bed rest or a lessening of physical requirements in a physically demanding job (police officer or soldier for example). Some women need bedrest to maintain their health or a positive pregnancy outcome. Most don't. However - the right to work should be preserved for all pregnant women. We as a country should provide temporary disability. I think California allows women to buy state disability insurance that covers up to 4 months after birth. Thas a good start - and their jobs are waiting when they return. Emplloyers should be able to buy insurance that would cover any unexpected expenses of disabled employees and keeping their jobs open but also getting the work covered.

[eyesoftheworld18]

07:42 PM on 01/07/2012

If there is the option to buy disability insurance for pregnant women in CA the resources are not readily available. I did everything right last year when I had my child and despite everything the week before I returned to work I was told (by text) that my position was not waiting for me. I worked there for over a decade. They had found a loophole and taken advantage. That should never happen to anyone

[Wonder Woman2]

12:46 PM on 01/08/2012

I would be contacting the EEOC as soon as I applied for unemployment.