Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same building wear leggings on a regular basis, and those who are required to have a dress code/uniform have been permitted to wear leggings. I am not people facing and work independently, however I am under a watchful eye as I point out when my employer is not following a legal standard or policy fairly and they are not a fan.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws, especially if it aids in your comfort and health during your pregnancy.

Given that others in different divisions are allowed to wear leggings and there have been exceptions to the dress code for uniforms, you could argue that allowing you to wear leggings is not an undue hardship for the employer. The fact that you are not customer-facing and work independently further supports your case.

If your employer denies your request, you may want to consider discussing the matter further, possibly with the involvement of HR. Explain how wearing leggings would be a reasonable and necessary accommodation for your pregnancy and how it aligns with the treatment of other employees in different divisions.

If you feel that your request for a reasonable accommodation is being unfairly denied, you have the option to consult with an attorney who specializes in employment law. They can provide guidance on your rights under state and federal employment laws, including the Pregnancy Discrimination Act and the Americans with Disabilities Act, and assist you in navigating the process of securing a reasonable accommodation.

Remember, every situation is unique, and legal advice can be tailored to the specific circumstances of your case.

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