Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?
I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.
I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to and from work. At that time, HR and my supervisor told me that they "did not foresee" any issues with my working remotely for the duration of my pregnancy and/or until the motion sickness had resolved.
Last week my supervisor called me to offer me an ultimatum due to staffing issues. The options that they offered me are as follows:
1. Come back to work in-person with no accommodations.
2. Take another virtual job with the company, but accept a 60k annual pay decrease.
3. Take FMLA starting immediately for the duration of my pregnancy.
Is this legal? What next steps are available to me?
A:
Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and the employer can refuse to grant an accommodation if they can show it would place an undue hardship on the business.
Do you know how or why they are placed under undue hardship based on you working remotely? I would reach out to an employment law attorney in your state for a consultation and to discuss options.
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