Pregnancy a disability?

DAYTON, Ohio (WDTN) - Would you consider a pregnant woman to be disabled? A law professor at the University of Dayton is making a case that the answer, while at work, is yes.

The designation would mean requirements for employers, and job security for pregnant employees. Under the Americans with Disabilities Act, employers would be required to accommodate pregnant workers in small ways, such as the ability to be put on light duty if necessary, drink water on the job, and take more restroom breaks.

"The goal there of course is to get pregnant women accommodations so they can continue working as they can hopefully up to the moment of birth," said Jeannette Cox, an associate law professor at UD.

Cox says expanding the Americans with Disabilities Act to include pregnant women would accomplish that goal. Her research uncovered cases where pregnant women lost their jobs. For example, one retail worker who wasn't allowed to drink water while on duty, and a police officer who wasn't given the option of light duty when she couldn't perform her usual duties.

"The ADA Amendments Act that was passed in 2008 really expanded the notion of what disability is to include short term things, things that are relatively minor. Lifting restrictions that are really comparable to what pregnant women experience," Cox said.

Sara, a new mother living in the Miami Valley, said she agrees with Cox's findings.

"I can't even imagine something more honorable than bringing a kid into the world and then to be, like, whoever is taking her job from her should remember that his mom was pregnant, you know? How was she treated? I think that's awful," she said.

Sara gave birth in November, and says she knows from experience that steps need to be taken.

"I'm a student at Wright State and I was actually in so many words cornered into dropping a class because of the absences that delivery would cause were going to be counted as strikes against me," Sara said. "I remember walking roughly a mile from one of the parking lots to go to class every day. I didn't want to take a handicapped spot from somebody."

Some might question where to draw the line when it comes to defining a disability. Professor Cox says that concern should go to the federal government, which expanded the definition under the ADA Amendments Act in 2008.

Cox will present her findings Thursday at a national law conference.