Is an employer required to give Pregnant women light duty work?

In El Paso, Texas I have many pregnant clients who are put on light duty by their doctors.  The question is always “does my employer have to give me light duty if I have a doctor’s note”?  The answer is, according to the Equal Employment Opportunity Commission (EEOC) at least yes, if the employer gives light duty to other non-pregnant workers for disabilities.  Usually your employer will allow injured workers on workers’ compensation to have light duty until they are fit to return to duty.  This is to keep their workers’ compensation premiums down.  Also some employers who have their own workers’ compensation plans (also know as non-subscribers) have these light duty policies.  So the answer is that under the Pregnancy Discrimination Act (PDA) which is enforced by the EEOC says that if your employer has a light duty policy (either written or not) then the answer is yes.  However remember that the EEOC is merely an advisory opinion and the Courts have the ultimate say in how the PDA is enforced and the Courts are not particularly employee friendly.  Also remember in El Paso, Texas you must work for someone with at least 15 employee in New Mexico there is a a lower person limit. Go see a lawyer if you are denied accommodation.

Scroll to Top