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Is Pregnancy a Disability?

katie Katie |

This weekend I saw a headline that caught my attention. Right there on the internet was an article that asked, “Should pregnancy be considered a disability?”

My initial gut reaction was a very loud NO. But the more I read and the more I’ve thought about it, the more I think my initial reaction might have been wrong.

This last week in my clinical (in the NICU) I came literally within seconds of passing out. It didn’t seem to be related to stress (it was a very low stress situation with a healthy full term baby), but more likely due to my blood sugar and prolonged standing, neither of which were ever a problem pre-pregnancy. It is only because in the final moments of the blurring vision and muted hearing that I told someone that I was going to pass out that I didn’t end up on the floor of the hospital, but instead in a wheelchair with a cool washcloth and a glass of juice.

And since then, I’ve been handled with a big pair of (metaphorical) kid gloves.

I’m not allowed to stand for extended periods of time in the hospital. I’m given all kinds of rests and water breaks throughout the day, most of which I find really unnecessary. I’m only 23 weeks pregnant, I can stand for a while, I can go several hours without food. I do love the water breaks because carrying my water bottle around has the potential to bring germs into the NICU or germs out of the hospital with me each day.

I am getting these accommodations because my clinical instructors are kind and reasonable people. But what this article made me realize is that many bosses and many jobs are not this flexible. They may not allow for breaks, for opportunities to sit or eat more often, and in that way, pregnancy is a health condition that may require increased protection at work.

To be clear, I don’t think that pregnancy should entitle all women to a handicap placard and front row parking. I don’t think that pregnancy is truly a disability unto itself. A normal, uncomplicated pregnancy shouldn’t require much more than some general understanding and compassion. But I do think that if pregnancy was included in the Americans with Disabilities Act, it would make working while pregnant a lot safer for many women. And I am a firm believer in anything that can reduce the risk of complications during pregnancy, even if it means a label I’m not all that wild about.

What do you think: Should pregnancy be covered by the Americans with Disabilities Act?

 

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About the Author

Katie
katie

Katie is a former teacher, part-time PT, wife and first-time mother to the baby with the best ears on the internet. You can find more of her grammatically questionable writing at her blog, Overflowing Brain.

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0 thoughts on “Is Pregnancy a Disability?

  1. Daisy says:

    My work pays maternity leave out by giving you short-term disability pay, which is food for thought, no?

  2. Bre says:

    I worked in a warehouse as a manager for the length of my pregnancy and they put me through hell. I was on the overnight shift and it was affecting my glucose levels so when I requested to be moved to days (a reasonable accommodation) I had to have a doctor’s note supporting the request. So they put me in a department in which the expectation is to stand ALL day and be in charge of over 100 people in over 12 stories. I would feel faint and get swollen and be miserable, overall. When I requested a chair I was told that I would need a doctor’s note, once I got one I was not allowed on the warehouse floor and was given a task that required me to be on the computer, seated all day. I don’t think that pregnancy is a disability, but it may take treating it as such in order for some employers to provide reasonable accommodations to expecting mothers.

  3. Lana says:

    Where I worked I was sat in a big office all day and the chairs they have are ones where you aren’t allowed to slouch or relax on them so I constantly had a extremely painful lower back ache they wouldn’t let me sit in a different one as they thought I would be slacking, so have taken maternity leave early, now someone else at work is pregnant and has complained also and the company had to purchase normal comfy chairs for pregnant women only

  4. Shannon says:

    It’s sad that we live in a world where one might even need to label pregnancy a “disability” just so women can have some extra consideration from others. Our society needs to look after pregnant women without even being asked. It’s just part of common decency!

  5. gail says:

    i had to quit my job because when i told them i needed to take a break or 2 to eat and use the bathroom and rest ( i was waitressing) i was told no, i could not have a break, because if they gave me a break, then everyone else would want one too

  6. M says:

    To give some background on my situation,I am a mother of a 2 year old, postgraduate student ( having come back to studying following gaining my BA and working for 3 years)have congenital Cerebral Palsy and am 26 weeks pregnant. I live in the UK. I feel that classifying pregnancy as a Disability is a little extreme. However, here in the UK we have legislation that protects pregnant women and requires temporary adjustment to working conditions to be provided for both pregnant women and new breastfeeding mothers and personally I feel that this is the best way for the situation to be handled. I think it would be a lot harder to administer if it had been tacked on to Disablity Legislation. My Disablity is a separate issue from my pregnancy and I believe a lot of the disabled community would be offended it pregnancy became classified as a Disablity after all pregnancy was my choice, my Disablity was not. However, both come with significant physical and mental challenges and both should be accommodated appropriately by employers.

  7. Tami says:

    During my pregnancy I worked as a stocker overnight. I had visious morning sickness throughout my entire pregnancy and my job had no compassion. I spent most of my night throwing up in the nearest trashcan or running to the bathroom and my boss kept telling me that she was going to have to take disciplinary action against me for not doing my job right. My manager tried convincing me to take a lower paying position or I would lose my job. eventually the caved and stuck me as door greeter without decreasing my pay, but refused to let me sit down and chewed me out if I was caught sitting down. I was forced to go to the hospital several times do to dehydration and early labor and they insisted that I stay for at least four hours of my shift or the would fire me. I finally had to take early leave because I spent more time in the hospital, stopping labor, yhan I did at work, and before I took my leave I started to feel myself going into labor and when I told one of my managers, he told me to cross my legs and hold it in because he needed me to work. My fiance worked at the same place and he refused to let him off so that he could take me to the hospital. Even after I went on leave they threatened his job and reprimanded him for calling off work so that he could take me to the hospital. Even with short term disability, I couldn’t afford my bills so I lost my apartment and had to quit paying my bills just to buy food and I have talked to three other women who have had many of the same issues. Pregnant women need to have some sort of disability like status to get some sort of support during their pregnancies

  8. Summer says:

    I had stress and high end nausea at the beginning of my pregnancy with my oldest son. I was required to take part of my break, which was 20 minutes a day however we wanted to take it..i.e two 10 min breaks, four 5 min breaks, etc., to go to the bathroom or to be sick. I was allowed to have water only at my desk even though my doctor wrote a note saying that I needed herbal tea with ginger and crackers to keep the nausea down. I ended up missing so much work that they fired me, which violated Missouri’s laws that are already in place to protect pregnant women. The specialist with unemployment told me that a companies policy cannot supersede the laws in any given state that protect workers. Now that same company is watched like a hawk since they have violated the law in other instances. It is sad to say that many employers do things like this, and have no consideration for people with many different medical conditions, including pregnancy.

  9. Samantha says:

    While pregnant I worked in a bank. I could take as many breaks as I needed, I could leave early.. Come in late and even extended lunch if I needed it. BUT this was all because my manager was amazing. She had children she knew what it was like to be pregnant. If someone pulled the “well she’s taking a break why can’t I?” she would just firmly let them know.. Well she’s pregnant so she technically is working twice as hard as you are. I think the only reason this was okay with me because I am a hard worker and I didn’t take advantage of the breaks.. I could totally see lazy people trying to, “rob the system” (don’t have a good saying for it)

    But like Shannon said, it is sad that our society doesn’t look at pregnant women in a special way. I’m currently living in a small town and people always go out of their way to accommodate or compliment me, but when I travel to the city I get rude looks and even shoved into from time to time…. I know that’s dragging into another subject but there’s my two cents!! Lol

  10. jan says:

    when I was pregnant with my first 2 children I worked at a very strenuous job up until my 8th month. For my third pregnancy I was a stay-at-home mom. I never asked for or expected to receive any special consideration. My daughter is now pregnant with her second and has placenta previa. Her OB gave her FMLA. She works in a hospital lab. She sits, stands, walks, etc. BUT if she is not feeling well, like last night when she was experiencing some cramping, she can leave work (or not go in) without any repercussions. Disability??? Absolutely not! A little consideration? Definitely!

    BTW, I resent the “Expecting Mothers” parking designations. Why?? If a pregnant woman needs that, perhaps she needs a regular disabled parking placard!

  11. diane caso says:

    I was working as an RN in OB during my last pregnancy. When I asked to get relief, so that I could use bathroom, grab something to eat-the head nurse’s re[ply? ?none of us has eaten, either” <<<it's all about who you work with, and consideration for others.. Pregnancy a disability? no way-but,,,the ability to work in an environment that is safe for mom and baby is critical!

  12. Vicki says:

    Absolutely, pregnant women should be given every consideration.. I’m appalled by some of the stories I’ve just read. Some of the companies and people should be sued for sexual discrimination! YES, sexual discrimination against a woman just because SHE is pregnant. I had difficult pregnancies as have my daughters. Severe nausea and vomiting which is called hyperemesis is a serious medical condition which is life threatening to mother and baby. It’s about time it is given proper attention . I work with handicapped and disabled students. It behooves us all to protect women so they have every opportunity to give birth to a healthy child. These women who brag about working up until the birth of the child, are NOT heroes in my mind. Women need extra care, nutrition, hydration and rest during pregnancy to have healthy children. It really is in the best interest of us all, because our tax dollars support disabled children from mother’s who had difficult pregnancies. It needs to be law and enforced.

  13. Cori says:

    As a firefighter, my job is inherently dangerous for my baby. Raised body temperatures can cause birth defects or miscarriage, and a study done in 2003 showed that the core body temperature of firefighters performing normal firefighting activities can raise to 103 F or more. Because of this, I requested to go on light duty as soon as I found out I was pregnant. I’m the first pregnant firefighter to choose this option in my department, as no one else has gotten pregnant since that study was done. It has caused some grumbling and raised eyebrows among the guys, but the department has been very accommodating. I still worry when I go on medical calls about the things I may be exposed to, but it’s at least a step in the right direction.

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Is Pregnancy a Disability?

sierra Katie |

Being pregnant can be hard. Maybe you sail through with a warm glow to your skin and a beautiful baby bump and no other side effects. Maybe.

That’s not the experience most of us have. We’re fatigued and nauseated. Food won’t stay down. We gain weight and lose mobility. We can have pelvic problems that make it hard to walk and dizzy spells that make it hard to drive.

But are we disabled when we’re carrying children?

Some people think so. There’s a movement afoot to extend the Americans with Disabilities Act to include pregnant women.

Before you leap up in outrage at the idea that pregnant women might be considered disabled, think about what the legal protection would mean.

As the University of Dayton law professor spearheading this points out, being protected under the ADA would ensure pregnant women are accommodated on the job. The Dayton newspaper writes :

The designation would mean requirements for employers, and job security for pregnant employees. Under the Americans with Disabilities Act, employers would be required to accommodate pregnant workers in small ways, such as the ability to be put on light duty if necessary, drink water on the job, and take more restroom breaks.

That all sounds great, and it’s true that pregnant women do need more family-friendly legal policies and workplace rules. Is this the best way to get it though? For the first months of pregnancy a woman isn’t even showing, but is often feeling nauseated and fatigued. Would I have to produce a pregnancy test to get extra potty breaks during my shift?

Whether expanding the ADA is the right way to approach the problem or not, it’s clear that working pregnant women often have a problem getting fair treatment from their employers. They do need accommodations they don’t need at other times, whether that’s extra breaks to deal with nausea or lighter physical work in the later trimesters when just walking can become difficult.

Linda Sharps at The Stir doesn’t like the idea of putting pregnant women under the ADA’s protection. She writes:

It seems well-intentioned … and also like one hell of a slippery slope. For most of us, pregnancy is a normal, healthy condition, not a disability. If a pregnant women develops a disabling condition, that’s one thing, but labeling every pregnancy as a physical impairment seems like the wrong thing to do.

What do you think? Should pregnancy be considered a disability, or just a normal part of life?

Photo: mahalie

About the Author

Katie
sierra

Katie is a former teacher, part-time PT, wife and first-time mother to the baby with the best ears on the internet. You can find more of her grammatically questionable writing at her blog, Overflowing Brain.

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0 thoughts on “Is Pregnancy a Disability?

  1. Brandi says:

    Claiming all pregnancies are a disability is a huge slippery slope not just for how we treat pregnant women, but how women view it themselves. If pregnancy is a disabilty it implies you are less capable physically during this time & if that is true then how are you going to give birth? It places an entire mindset of being unable to do things when you’re preparing to go through the most strenous physical activity of your life.
    It would also change the way employeers view women workers, dispite being illegal, it’s still in the back of their minds. Any woman between the age of 20 to 45 would be considered as a possible disabled employee. In reality, despite being illegal & unmoral no company wants to hire a physcially disabled person.
    The thought & intention of this comes from a good place, but the practical implications of it would be horrible for women over a lifetime.

  2. Suzie says:

    Shouldn’t ALL workers be able to drink water and go to the bathroom as needed? Anyway, I am against designating pregnancy as a disability.

  3. Rachel says:

    I feel like there should be something that says we should be allowed to rest or light duty or something. When I was pregnant my job told me they had no light duty and that they would not pay me at all for being out . All they could give me was my job back when I returned I had to take my paid vacation which only paid for 2 weeks and I had a half week of sick I could draw from but other then that nothing. So I was out for 3 weeks had to come back early with a third degree tear and suck it up . I feel like there should be something that says we should get paid while out. The nursing home I work for as a cna1 said no pay because it was not a disability or work related.

  4. Kathryn Miller says:

    I was on disability for the full term of my pregnancy with my daughter and then three months after she was born! I believe there are circumstances that can make a woman less mobile etc. I have Multiple Sclerosis, had tried for years to have a baby then one day surprise. Well, my neuro wanted to make sure I was healthy so he took me off work and had me put on disability. It was the first time in 20 years + I had not worked. Before you judge if a pregnant woman should or should not be on disability perhaps you try having a chronic illness on top of being pregnant. I have gone back to work but I appreciate the dr for taking me off work because my pregnancy wasn’t easy street….

  5. Mama2011 says:

    I think its a good idea, becuz tons of women are pregnant all the time. If they needed this it would be avalible to them. it is a choice to take the lighter work, to drink water on the job, to hold it or not! its a great idea, becuz pregnancy can be disabling,… and for the ones who are disabled have to go threw alot before they are considered disabled. like myself pregnancy ruined my hip, just getting up the wrong way can lock it and i fall to the ground in extreme pain!

  6. Angie says:

    This is not the answer. The majority of women are fine, and yes some of us go through nausea, vomiting, a lot of potty breaks, a few discomforts. It’s all part of life and having a family. Now, if a woman is put on bed rest or disability due to other health issues that are affecting her, we already have the rights, especially coming from a Dr.stating you are being out on disability. And I agree with Brandi, during the 9 months of uncomfortable, that is nothing when it comes to giving birth. A few weeks or days before birth, you go on maternity leave and have time to recoup after birth. We have disability if needed, maternity leave for 6 weeks, paid family leave for another 6 weeks, and you may take an additional 6 weeks unpaid family leave if needed. I wish I would not have to go back to work, but the reality is, I have to work to help support my family and lifestyle. That’s life, and life is just not fair sometimes. We have come a long way from history, but adding pregnant women on disability is not necessary. We are not broken, we are pregnant!.

  7. Randi says:

    I think any pregnancy where the woman develops Hyperemesis Gravidarium (HG) should definately be considered a “disability.” HG is a disability in it’s own right, but very few people know what it is and few Doctors know how to treat it. I have been suffering from HG since I was 5 weeks pregnant, it caused my to feel disabled. Do I think that I would feel disabled if I were having a “normal,” run-of-the-mill pregnancy? Probably not. However, some protection for those who develop diseases, like Hyperemesis, is better than the write off they get now. I have NO protection for my 8 months I’ll likely spend with this disease. I’m not for the stamp of approval for every pregnancy, but again something is better than nothing.

  8. kristina says:

    I worked for a car manufacturing plant and did ok the first few months but then my doctor gave me so many restrictions I was put on medical leave. I was physically unable to do my normal job but with my second I worked through my new job with little problem. In some cases a already physically intense job can be dangerous and you will be treated like you are disabled anyways. I guess the only good thing would be to make sure you still had a job after the little extra precautions taken that take away from performance on a job. I thinking mostly factory work because my desk job wasn’t much harder. Idk

  9. Lisa Perez says:

    No I Dont Think It Should Be Also Because Not All Pregnancies Should Be Looked At As A Disability. Although It Would Be Nice To Have One Of Those Handicap Parking Permits In The Last Trimester. : ) With My Last Pregnancy (Hes Now 4), I Took About An Hour Longer To Do My Job Which Was Housekeeping In A Nursing Home. I Worked Til The Last Day Of June, Gave Birth July The 3rd And Went Back To Work July 12th. Everyone Is Different And It Just Depends On What Your Used To Doing. My Job Required Everything Your Supposedly Not Supposed To Do While Pregnant Including Working With Chemicals Plus All The Physical And Cleaning Out Kitty Litter Boxes And I Have A Normal Happy Little Boy. There Would Probably Be Too Many People Taking Advantage Of It. I Agree With The First Comment.

  10. Carrie says:

    There must be a better way. Even if you have FML protection that’s only 6-8 weeks after the baby is born. After a note from your doctor you can use more if needed of your 12 total weeks but then if there are complications later your out of luck or end up having to return earlier. Maybe of we could revise the FML Act to have that 6-8 weeks of recovery/ bonding time to count separately from the 12 weeks of job protection that allows for intermitant use. I had complications that required 8 days in the hospital in Jan last year (I was due in April) then I had to take another week to recover from the ordeal. Then as my duedate approached I was put on bed rest. I used ever minute of my 12 weeks and had to get my OB to release me earlier than he wanted so I didn’t risk my job. That’s pretty bad when you have to choose work over health. So maybe disability would not be such a bad thing. To get FML protection you have to prove your temporary disability so ADA protection may just allow for a little more protection. I had a really high pressure high stress job and was lucky I didn’t have complications from that alone aside from the mustering internal bleeding they could not find a cause for and the excessive hair loss the giant stye that required landing. Hmm ADA protection sounding even better.

  11. Carrie says:

    Here’s another problem with FMLA, if it’s a small company less than 50 employees than it just dosent exist your stuck with using what little sick pay and vacation time you have… ADA would be better in that case.

  12. jenn says:

    Don’t forget that not all of us work nice little office jobs. My job requires I can lift up to 50lbs, push and pull that amount, stand for 8 hrs, lift above my head, etc. In other words physically demanding. Before I got pregnant, I asked if there was a light duty available and was told light duty is only for people injured on the job. They told me I would have to take off as soon as I found out I was pregnant, without pay. I dont know about everyone else, but I sure can’t afford taking 9+ months off. So I didn’t tell my job once I got pregnant, and then I started my leave at 30wks. It was dangerous and I was a high risk pregnancy, but at the end of it all, my munchkin and I are both healthy. Now imagine if there had been a light duty available for me. I could’ve worked longer, without the additional risks, and probably not been in as much pain every day. I am completly for this. I don’t think this is geared towards the 9-5 crowd who gets to sit in their comfy office chair all day, its geared towards those of us who have more physically demanding jobs, to give us the middle ground to help towards a healthy pregnancy. Its not about the title “disabled”, its about providing a better enviornment for our bodies who are doing so much during those 9 months.

  13. kristina says:

    Jenn im with you on that… Sounds like you worked my job. Lol

  14. Daniel says:

    Pregnancy is already covered for the Workplace under the Federal EEO laws. Its a temporary medical condition where “reasonable accomodations” must be made otherwise a company risks running afoul of EEOC. Reasonable Accomodations generally mean that the person would still be able to perform the essential functions of a job, with accomodations. Such as a woman who is in pregnancy and works at a position where she ‘stands’ for most of the day, might request an accomodation for a stool to sit at; or perhaps the ability to use sick leave, vacation leave, and/or LWOP if the other two leaves run out, during the latter stages of her pregnancy if she is required to be on bed rest. This means that the company won’t necessarily ‘pay’ her based on their disability insurance plan, but her job position will be protected during her time away from work.

  15. Marc says:

    “What do you think? Should pregnancy be considered a disability, or just a normal part of life?”

    Disagree with the premise of the question. It implies that disability is not “a normal part of life”. We have many negative attitudes towards disability, so it is not surprising that some would resist having that label associated with them, but disability is simply a physical variation that has not been properly accommodated. Pregnancy has the potential to fit with this definition. The goal should be to create products, services, workplaces, etc that are accessible to a wide variety of physical differences, blindness, deafness, and even pregnancy.

  16. Jessica says:

    How about the US getting its act together and recognizing pregnancy as a separate category–i.e., not a disability, yet not completely regular life either–and requiring employers to make accommodations as necessary for the individual employee? I agree that it’s probably a bad idea to have the stigma of the label “disabled” associated with pregnancy, if for no other reason than it causes crazy old-fashioned people like my MIL to freak out if pregnant women lift more than 5 pounds or do light exercise (Seriously? I’m lifting my 25 pound toddler and 35 pound preschooler multiple times a day and she doesn’t worry, but have me even try to roll a 20 pound suitcase or go for a 10 minute jog and she yells at me?). At the same time, there are certain limitations on the way a pregnant body can move and bend (even the most advanced pregnant yogi) and the way a pregnant body reacts to standing for 8 hours and other serious manual work that employers should be forced to acknowledge and accommodate.

    And maybe we could roll this policy into a bill that would require a sane maternity leave policy as well? Guess that would be viewed as too “socialist” here by some, but really it would just bring us more into line with all the other developed countries in the world.

  17. Suzie says:

    So, from a business’/employer’s POV…they are supposed to pay you for not being able to do your job, or they are supposed to accommodate you with another kind of work, whether they actually have a need for that lighter work or not?

  18. Diana says:

    Suzk good point….personally if I were an employer looking for qualified skilled people, I would not hire nor keep a person who performed below standards, nor would I accommodate them by creating a new unnecessary job that would cost me more money..A business is out to make money, doing below your job requirements/duty’s for anyone would get you booted. A man who hurts his back is expected to work the same as before…I am starting to think the women’s equal rights movement was more about getting above entitlement rights….rather then equal…just my female perspective. Mom of 5 full term boys, 13 lbs 10 oz’s ,10 lbs 8 oz, 7lbs 10 oz, 5 lbs 13 oz and 8 lbs 9 oz who went through all the projectile vomiting and tiredness, working my ass off, performing above and beyond my job duty’s while pregnant or not..lifting a 200 lb couch my first pregnancy third month alone while moving…. pregnancy is not a long term disability labeling it as such is an outrage, pregnancy just as your job is your choice. Heck if you do not want your job give it to me thank you. plus labeling it as a disability will entitle all pregnant women to enroll for social security benefits…isn’t our economy already plummeting? yea just give free checks and spread the entitlement hysteria …no thank you. Unless your pregnancy is high risk or you are already suffering from a disability or got a disability while pregnant….it is not a disability it is a natural SHORT TERM process , a disability is a LONG TERM process, making pregnancy a disability is going to open a whole can of worms that is going to plummet this country into a poverty stricken war zone.

  19. Kat says:

    Wow, I have a really hard time believing that pregnancy should be categorized as a disability. If someone is in a job that does not allow them to drink water and take bathroom breaks then there is already something wrong with that employer that no law is going to fix. Also, if your job can’t afford you some kind of light duty it may be time to switch. As long as enough time is put in at the current place of employment then the expectant/new mother will be covered by FMLA. My pregnancy was hell, constant vomiting and blood pressure spikes, back problems, etc… I stuck with my job until the week they put me on bed rest. This sounds like a movement for women who don’t want to work but still want to get paid and by terming pregnancy a disability, they can file.

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