Most employers are generally aware of the prohibitions against
pregnancy discrimination under Title VII and the Pregnancy
Discrimination Act and the leave rights of new mothers. But they
may not be as familiar with the often overlapping legal issues that
may arise before, during and after pregnancy under the Americans
with Disabilities Act and its amendments, the Family Medical and
Leave Act, and the Fair Labor Standards Act.
Some of these childbirth-related rights also affect men and
individuals other than biological parents. Here is a rundown of
some issues that may be overlooked.
Accommodations for Employees Undergoing Infertility
Treatments
The Americans with Disabilities Act Amendments Act's
definition of "physical impairment" includes conditions
that affect reproductive functioning, and reproduction is also
considered a "major life activity." Because infertility
may render both male and female employees "disabled,"
they may be entitled to reasonable
