If an employer believes that an employee’s medical condition such as pregnancy poses a risk of injury to the employee or others at work, it may require the employee to produce a fitness for duty certification from the employee’s physician, says employment law attorney Bennett Epstein (BEpstein@foley.com) of the firm Foley & Lardner LLP.

The fitness for duty certification requires the physician to describe the medical condition, state whether the employee may perform her job without posing a direct threat to herself and others, the duration of the risk and whether there are any accommodations that would permit the employee to perform her job without posing a direct threat.

The EEOC has addressed this question in a publication The ADA: Questions and Answers: Does the ADA take safety issues into account?

A. Yes. The ADA expressly permits employers to establish qualification standards that will exclude individuals who pose a direct threat — i.e., a significant risk of substantial harm — to the health or safety of the individual or of others, if that risk cannot be lowered to an acceptable level by reasonable accommodation. However, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is genuine risk that substantial harm could occur in the workplace. By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

Pregnancy should be handled as any other illness; however, it encompasses different criteria, HR Director Sue Schwartz explains.

The primary test would be the ability to perform the essential duties of the position. If the employee is unable to perform them due to pregnancy constraints, then she could be temporarily transferred to a more accommodating position or she could go on FMLA.

Have a discussion with the employee and inform her of all safety concerns related to the job, says HR Manager Beth Calitri. She is a protected class, and we can’t discriminate on the basis of her pregnancy. She needs as much information as possible to discuss with her OBGYN, and between them, they will make an informed decision.

I would start with a conversation with the pregnant employee, says Carmela Bozulich, a Recruiter in California. Ask her how she feels about what she’s doing, if she feels safe or if she’s following any safety rules in place, etc.

Depending on what she tells you, you may want to get a doctor’s certificate or other medical verification of any limitations or modifications. Based on that and the actual job duties she is required to perform, you’ll need to make a decision as to whether she can continue in that particular role or not, or if you can accommodate her elsewhere in the organization.