First Business Sued for Violating Pregnant Workers Fairness Act (PWFA)

What Happened?

On September 10, 2024, the Equal Employment Opportunity Commission (EEOC) filed their first federal lawsuit against a company for violating the Pregnant Workers Fairness Act (PWFA).

The lawsuit alleges that the pregnant employee’s accommodation request to transfer to a role which did not require the employee to lay on her stomach.  As a result, the employee was forced to take unpaid leave from the company and required her to return to her position without any modifications.  Fearing for her health and the pregnancy, the employee felt no choice but to resign after 8 months.

Additionally, the lawsuit also alleges that the company unlawfully requested medical documentation from her doctor. 

What is the Pregnant Workers Fairness Act?

The PWFA took effect on June 27, 2023.  Under the law, employers with 15 or more employees are required to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship,” which is a standard borrowed from the Americans with Disabilities Act.

Compliance with the PWFA included giving a pregnant employee a stool or a chair, allowing a pregnant employee to have food or water in the work area, more frequent breaks, allowing pregnant employees to be excused for lifting requirements or work with hazardous chemicals.  Employees experiencing postnatal conditions were also entitled to reasonable accommodation, such as postpartum depression or complications recovering from delivery.  As with the ADA, continuous or intermittent leave was considered a reasonable accommodation under some circumstances. 

The EEOC has provided more information which can be found here…

Help is Available for Accommodation Requests

When you get an accommodation request from one of your employees, it’s important that you do your due diligence before determining whether you can reasonably accommodate your employee. With an affordable subscription to myHRcounsel, our attorneys can guide you through the process to determine a reasonable accommodation.