This week, city officials in Ann Arbor, Michigan, approved a law that will allow workers to sit rather than standing while on the job. The law will apply to a broad swath of positions across industries including hospitality and retail, as long as a worker being seated doesn’t interfere with their ability to do the job.
Under federal law, employers are already required to grant “reasonable accommodations” to workers who are pregnant or disabled. But the onus is typically on workers to request those accommodations. With a “right to sit” law in place, workers who need to be able to sit on the job—or at least take breaks from standing—wouldn’t have to make explicit requests for an accommodation, which will make certain workplaces more inclusive to older workers or those with disabilities.
“Right to sit” legislation is spreading
This makes Ann Arbor the first city in Michigan to adopt a “right to sit” law that applies to all workers, not just as an accommodation for those who are pregnant or have a disability. Beyond Michigan, a handful of other states have passed similar laws, including California, Florida, and Wisconsin. Some states even have old “right to sit” laws on the books that apply only to women because they date back to the early 20th century, when women entered the workforce in huge numbers. But these laws are broadly more common in Europe, where cashiers, for example, are usually seated while working.
However, in the U.S., employees in some workplaces are explicitly instructed not to sit down while on the job. In retail positions and other customer-facing jobs, it’s often the norm for workers to stand—so much so that the issue has sparked lawsuits over the years, even in states that offer “right to sit” protections. (In California, employers, such as Walmart, have been forced to pay former employees for refusing to provide seating and violating state law.)
Enforcement challenges
However, a law like this can prove difficult to enforce, since workers have to alert regulators to employers who are not in compliance—or bring legal claims, as has been the case in California. In Ann Arbor, for example, workers have to flag violations of the law by filing complaints with the city’s Human Rights Commission. Employers, for their part, will have to show that complying with the law is not possible given the scope of the job in question. But if more states start to adopt these laws, it could help shift the culture of retail work in the U.S.—and reshape expectations that low-wage workers should always be on their feet.
