Would being pregnant effect my reinstatement with the TSA

Business 3 views 1 answers
I signed my medical recertification that says I can do things as listed on the job description as lifting 70 pounds, but just found out I am pregnant. Obviously I will be needing time off after giving birth. Would this cause my reinstatement to be voided? Or could I be fired upon telling management about my situation?

Attorney Answer

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Alice Jeanne BakerEmployment / Labor AttorneyRocklin, CACA licensed ·
Your situation is governed by four closely related legal rules: Rule #1: It is not legal for the employer to discriminate against you because of your pregnancy. (Pregnancy discrimination is sex discrimination.) Rule #2: Your employer is not generally required to do anything to accommodate your pregnancy, as long as it treats your leave request exactly the same as it would treat a leave request from any other employee who needs to take an extended leave to address a medical condition. Rule #3: If you worked for anything other than a federal agency - which you don't - your situation would be governed by the Americans with Disabilities Act (ADA). The ADA defines "disability" so broadly that pregnancy-related disability can qualify as a disability. The employer is required to reasonably accommodate an employee who has a disability, even if the disability is a temporary one. Giving an employee a light-duty assignment (if one is available) can be a reasonable accommodation for a disability. Allowing an employee to take unpaid leave can also be a reasonable accommodation. Rule #4: Because you work for a federal agency, your right to a reasonable accommodation for a disability is governed by the Rehabilitation Act of 1973, instead of the ADA. The Rehab Act uses the exact same definition of "disability" as the ADA, so you should enjoy the same legal protections that you would if you were a private-sector employee. After you return to work, if you find that you have a medical need to be placed on a lifting restriction, you should communicate with your employer and engage in an interactive process to determine whether a reasonable accommodation exists that would allow you to perform the essential functions of your job, or whether it would be feasible to temporarily transfer you to different job duties for a few months.
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