Can My Employer Deny My Request to Work from Home Due to Pregnancy?

Question from Kam, Can My Employer Deny My Request to Work from Home Due to Pregnancy?

Answer from AI:

When you’re dealing with a high-risk pregnancy and need to request accommodations at work, it’s important to understand your legal rights and the obligations of your employer under relevant laws. In your case, since you are in Pennsylvania, USA, the primary laws that come into play are the federal Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA), as well as any relevant state laws.

Understanding Your Legal Protections

The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to employees with disabilities, unless doing so would cause significant difficulty or expense for the employer. Pregnancy itself is not considered a disability under the ADA, but pregnancy-related medical conditions may be. This means if your high-risk pregnancy causes a condition that significantly limits a major life activity, you might be entitled to accommodations under the ADA.

The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

Requesting Accommodations

Since you’ve already been given a doctor’s note recommending that you work from home, you’ve taken the first necessary step in requesting a reasonable accommodation. Here’s what typically happens next:

1. Formal Request: Submit your request in writing to your employer, including the doctor’s note. Clearly state the nature of your condition and the specific accommodation you are requesting (working from home).
2. Employer’s Response: Your employer may accept your request, propose an alternative accommodation, or deny the request. They may require additional medical documentation to understand your condition better.
3. Interactive Process: You and your employer should engage in an “interactive process” to determine a suitable accommodation. This is a back-and-forth dialogue to explore accommodation options.

Can Your Employer Deny Your Request?

Yes, an employer can deny a request for accommodation if it would cause “undue hardship” to the business. This could include significant difficulty or expense in relation to the size, resources, nature, and structure of the employer’s operation. However, given that you already work from home one day a week, it might be harder for your employer to argue that extending this arrangement would be burdensome.

Protection Against Termination

Under the PDA and ADA, you are protected from being fired due to your pregnancy or a related medical condition. If you are unable to perform your job even with reasonable accommodations, you might still be entitled to rights under other laws, such as the Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons.

What to Do If Your Request Is Denied

If your request is denied, you should:

• Ask for the reasons for denial in writing.
• Consult with a legal professional who specializes in employment law to discuss your options.
• Consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe your rights have been violated.

For more detailed information, you can visit the EEOC’s page on pregnancy discrimination.

Consulting with a legal professional can provide you with guidance tailored to your specific situation. Remember, each case is unique, and the interpretation of laws can vary based on the specifics of your situation.