The EEOC, which is the federal agency that enforces workplace anti-discrimination laws, has filed its first lawsuit alleging that an employer violated the PWFA. Click HERE to read the EEOC’s Complaint.
The EEOC alleges that Wabash National Corporation violated the PWFA by failing to make a pregnancy-related accommodation to an assembly line worker.
According to the EEOC, the employee was an assembly line worker whose job required her to bend over the tops of trailers to install wiring. The EEOC alleges that when the employee was seven-months pregnant, she told HR that bending over trailers was painful. Supposedly the employee also raised concerns that constant pressure on her stomach might jeopardize her pregnancy. The EEOC says that the employee asked to be moved to a light-duty position for the rest of her pregnancy, or to have her limitation accommodated in some other way.
Allegedly, the employer denied the employee’s request under the Americans with Disabilities Act (ADA) even though she told them the request was being made under the recently enacted PWFA.
The employee resigned.
This lawsuit is in its infancy, and the employer has not responded. However, this is a good time to remind employers about the PWFA.
The PWFA is a federal law that requires employers with 15 or more employees to consider employee and job applicant accommodation requests related to pregnancy, childbirth, or related medical conditions the way you consider accommodation requests related to disabilities under the ADA.
The PWFA prohibits employers from placing an employee impacted by pregnancy, childbirth, or related medical conditions on a leave of absence – paid or unpaid – when a different reasonable accommodation option is available. The government has provided some suggestions for potential accommodations in lieu of leave. For instance, depending on the nature of the employee’s limitations, you can consider the offering the following accommodations:
- allowing workers to sit or drink water;
- providing closer parking spaces;
- offering flexible working hours;
- providing appropriately sized uniforms and safety apparel;
- allowing workers additional break time to use the bathroom, eat, and rest;
- excusing workers from strenuous activities or activities that involve exposure to compounds not safe for pregnancy; and
- giving leave or time off to recover from childbirth.
Employers should be mindful of the PWFA when dealing with accommodation requests from pregnant employees. Since the PWFA is basically a brand-new law, employers may overlook it and jump right to the ADA when addressing accommodation requests from pregnant workers.
Now is a great time to get management trained up on the law and make sure that pregnant worker accommodations requests are properly addressed.