Few embody the ability to do it all better than a pregnant clinician. Although able to continue to provide care for patients, some workplace accommodations may be needed. Fulfilling these requests is often more than a way for an employer to show support, it is a legal necessity. A failure to provide certain reasonable accommodations can rise to the level of employment discrimination.
Federal protections often apply through the Pregnancy Discrimination Act, the Americans with Disabilities Act for pregnancy related impairments, state pregnancy accommodation statutes, collective bargaining agreements, plus the Pregnant Workers Fairness Act (PWFA) for covered employers. Documentation and timing matter. The following will provide guidance on common requests as well as documentation needed in the event of the need for future legal action.
Requests hospitals should treat as legally significant
Hospitals often misclassify pregnancy requests as scheduling preferences. That mistake can trigger discrimination claims and allegations of a failure to accommodate. Common requests often include the following.
- Temporary lifting restrictions, transfer away from heavy patient handling, team lift protocols, lift equipment access
- Limits on prolonged standing, added rest breaks, stool at workstations, modified rounding expectations
- Bathroom access, hydration access, meal breaks protected from workflow interruptions
- Modified schedules, later start times for morning sickness, reduced overnight rotations, limits on consecutive shifts
- Reassignment away from materials that could increase the risk of birth defects like certain chemo agents, anesthetic gases, radiation areas, or infectious disease isolation rooms when clinically indicated
- Leave adjustments, intermittent leave, make up time alternatives when medically necessary
Employers should take such requests seriously and carefully review to ensure the response is in line with applicable rules and regulations.
Important documentation
Hospitals should treat each request as a legal process, not a one-time conversation. Managers can also create liability through comments, gossip, discipline linked to protected requests. Workers who request accommodations are wise to keep copies of all communication, such as emails and transcripts from meetings, as well as medical records to support the need for the accommodation.
Pregnancy accommodation in healthcare often involves motivated individuals who wish to continue to serve their patients while balancing their own healthcare needs. Rules like those outlined within the PWFA help to better ensure workers have the ability to receive reasonable accommodations to continue to do their work without putting their, or their fetus’, health at risk. Employees can use legal tools to hold employers who fail to respect these regulations accountable.