Is an employer within their rights to refuse to hire an obviously pregnant woman for a server position?

• A. If she is able to perform the major job functions, she is protected by the pregnancy discrimination act.
• B. If she cannot wear the uniform, she is not considered to be able to perform the job.
• C. Yes; it can be assumed that she cannot safely lift trays, work late hours, or balance weight.
• D. Yes; it can be assumed that she will be asking for time off to give birth and then to care for her child.

Answer: (A)

The key idea is that pregnancy cannot be used to bar employment if the applicant can perform the essential job duties. The Pregnancy Discrimination Act requires that a pregnant applicant be treated the same as any other applicant who is able to perform the job. For a server, essential duties include tasks like taking orders, serving food and drinks, and carrying trays, and these can usually be done by someone who is pregnant (with reasonable accommodations if needed). Decisions based on stereotypes about safety, uniform fit, or anticipated time off are not legitimate grounds for a hiring decision under this law. Therefore, if she can perform the major functions, she must be considered for the job.