Must we accommodate pregnant employee who can't do the job? 06-30-99

My company provides contract housekeeping & laundry in Nursing Homes. A pregnant housekeeper brings in a doctor's note stating she can not come in contact with any chemicals. Chemical use is part of the company's day-to-day routine. We have made accommodations for her over the last two months by allowing her to just fold laundry however we can not continue this for the next three months. We had to temporarily hire an employee to fulfill her regular duties, thereby reducing our overall weekly profit in that nursing home. Are we required to accommodate or can we put her on an unpaid leave of absence?

Rita Risser's response:

There are a number of laws that may come into play here. Under the federal Pregnancy Discrimination Act, you are only required to treat pregnant employees the same as other employees who are temporarily disabled. If you don't usually accommodate temporarily disabled workers, under federal law you are not required to do so for pregnant workers.

The Americans with Disabilities Act does not apply because pregnancy is not a permanent impairment of a major life function.

The Family & Medical Leave Act requires you to give up to 12 weeks of full-time leave, or equivalent part-time leave.

However, your state may have laws that require you to accommodate her. Since you are in Massachusetts, I'd bet there is a state law that covers this. Thus, you should talk to an attorney about your duties under state law.

From a fairness perspective, I wonder about the doctor's note. There are chemicals and there are chemicals. Some are known to be carcinogens, and others aren't. If you find out state law does not require accommodation, I suggest that you have a conversation with the employee letting her know that you can no longer accommodate, that you are not required to accommodate, and then ask her if she would like to take a list of the chemicals you use to her doctor to get the doctor's opinion on whether or not she can work with those specific chemicals. If the doctor finds the specific chemicals are not prohibited, that may solve the problem.

Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.