How long must a local government employer make light duty available to a pregnant employee?
In general, an employer is not required to provide a light duty assignment for pregnant employees. However, because of the federal Pregnancy Discrimination Act (PDA) and our state anti-discrimination law (see WAC 162-30-020), an employer may not treat pregnant employees any differently than it treats other employees with a non-work related injury. (Note that pregnancy is not considered a disability under the ADA.) Similarly, the state Human Rights Commission regulations provide that it is an unfair labor practice “for an employer, because of pregnancy or childbirth, to . . . impose different terms and conditions of employment on a woman.” WAC 162-30-020(3)(a)(ii). So, if an employer provides light duty assignments for employees with a non-work related injury or temporary health problem, it must treat pregnant employees similarly. Federal courts have held that the PDA is not violated when it offers light duty solely to employees who are injured on the job and not to employees, including
