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COVID-19: Frequently Asked Questions

Below are some of the most frequently asked questions CMA has received during the COVID-19 outbreak. By default, the most recent answers will appear up top. You can also filter the FAQ by category. We will update this resource regularly.

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If an employer implements a mandatory COVID-19 vaccination policy, is there a right to accommodation based on pregnancy?

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Although pregnancy itself is not a disability under the ADA, the EEOC further advises employers to be mindful that certain pregnancy-related medical conditions can constitute a disability under the ADA, thus requiring reasonable accommodation and the direct-threat analysis outlined above. Furthermore, the Pregnancy Discrimination Act "specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the same as others who are similar in their ability or inability to work." According to the EEOC, this means that "a pregnant employee may be entitled to job modifications, including telework, changes to work schedules or assignments, and leave to the extent provided for other employees who are similar in their ability or inability to work." Employers should also be mindful of state and local law requiring employers to accommodate pregnant employees.

| Categories: Labor and Personnel, Vaccine | Return

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