Pregnancy Claims Under Americans With Disabilities Act

Pregnancy Claims Under Americans With Disabilities Act

The Americans with Disabilities Act was passed on July 26, 1990. It is a civil rights law to protect the disabled citizens from any sort of discrimination on account of their disability. This law is applicable to companies with 15 or more employees.

According to Americans with Disabilities Act (ADA), disability would mean a physical or mental condition that limits a major life activity. However, if this disability is for a temporary duration, then it may not fall under the ADA because ADA would consider an impairment to be a disability only if the duration of the same goes beyond temporary restriction.

Looking at the aforementioned definition, one can judge that pregnancy claims may not be attended to under Americans with disabilities act. Primarily pregnancy is not a disability, where the person cannot perform her routine duties. Even if there is a health condition which may lead to a loss of job or where the pregnant woman may not be able to pursue normal activities on her own, such a situation would be only till the time of the delivery of the child, as the said condition is related to pregnancy. Hence, the impairment is not beyond temporary restriction and over a period of time the woman will be able to resume her normal activities and also get a proper job, if required.

Therefore, pregnancy claims under Americans with Disabilities Act may not be approved and pregnancy by itself may not constitute as a disability as it is just a temporary thing condition and might just hinder the activities of the pregnant woman until the pregnancy is over and not forever.

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