Given that the retail workforce is 57% female, chances a retailer will have pregnant employees at any given time is high. The CDC warns women, “Physical demands at work could increase your chances of miscarriage, preterm birth, or injury during pregnancy.” It also publishes a chart of the “Provisional Recommended Weight Limits for Lifting at Work During Pregnancy” that suggests pregnant women lift no more than 36 pounds infrequently with a repetitive lifting limit of at most 18 pounds – even with no complications. When pregnancy complications are present, doctors often restrict the individual’s lifting to only a few pounds and advise against frequent bending, stooping, climbing, or other physical exertion – common tasks for a retail employee. The question then is, how should a retailer respond to a pregnant employee’s notification she cannot do one or more of her job duties because of her pregnancy? Today, that answer often depends on the state law where the employee is located. This insight will provide an overview and a seven-step plan for retailers to ensure compliance.
The History of Accommodating Pregnant Employees
In 1978, Congress amended Title VII to add the Pregnancy Discrimination Act in response to a Supreme Court decision holding that sex discrimination did not include discrimination on account of pregnancy. The law required employers to treat “women affected by pregnancy, childbirth, or related medical conditions … the same for all employment-related purposes...
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