• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Jury Awards $22.5M Verdict in Pregnancy Accommodation Lawsuit

Carol Warner
By: Carol Warner
Read it on Beacon
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: March 26, 2026
4 minute engagement
Employment Law Considerations For Remote Work
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

A remote work accommodation dispute turned into a wrongful death case with eight-figure liability.

In Larkin v. Total Quality Logistics, LLC, an Ohio jury found an employer’s failure to approve a work-from-home request for a high-risk pregnancy contributed to the death of a newborn. 

The jury found the employer 90% at fault, making it liable for about $22.5 million of the $25 million award. 

What Happened in Larkin v. TQL

In 2021, employee Chelsea Walsh had a high-risk pregnancy, and her doctors recommended modified bed rest and remote work.  

Walsh requested a work-from-home accommodation, but the company didn’t approve it at the time. Instead, she was directed toward taking leave.

According to the complaint, Walsh continued to seek approval to work remotely. That approval came only after outside intervention – and on the same day Walsh went into premature labor at just over 20 weeks. The child, Magnolia Walsh, did not survive.

The lawsuit was brought by the child’s estate, with Andrew Larkin serving as administrator.

Why the Jury Found Liability

The plaintiff’s argument focused on timing and medical necessity. This was not framed as a preference for remote work. It was positioned as a medically required accommodation that the employer failed to implement.

“This is a heartbreaking outcome for a young family,” said Matthew C. Metzger of Wolterman Law Office, LPA, co-counsel for the Walsh family. “The evidence showed that Chelsea Walsh was following her doctors’ instructions for a high-risk pregnancy and simply asked to work from home. The jury found that TQL’s denial of that reasonable request led to the death of her daughter.”

The jury accepted that framing. It found the delay in approving remote work was a substantial factor in the premature birth and death, supporting liability on the wrongful death claim.  The 90% allocation of fault to the employer indicates that the jury saw the workplace decision, not just underlying medical risk, as the primary driver. 

In a statement, TQL expressed sympathy for the family’s loss but said it disagrees with the verdict and how the facts were characterized at trial. The company has indicated it is evaluating legal options, which may include an appeal.

Why This Remote Work Accommodation Case Stands Out

Most pregnancy accommodation cases focus on compliance, documentation or damages tied to lost wages. This case shows how risk can extend beyond traditional accommodation claims. The jury focused on:  

  • Whether remote work aligned with the employee’s documented medical restrictions
  • How the timing of the employer’s response affected the employee’s condition
  • Whether the accommodation decision was a substantial factor in the outcome

What This Means for Employers

In this case, a family experienced a profound loss, and workplace decisions became part of that story.

When medical risks are documented, an employer’s response to an accommodation request can have consequences far beyond attendance or productivity. That interactive process then appears directly in the record. Accommodation requests, responses, internal discussions and timing all become evidence. Delays or stalled movement among HR, management, and leave administration can work against the employer when they signify a lack of urgency.

Remote work is evaluated differently in this context. Once tied to a documented medical limitation, the question becomes whether the employee could perform the essential functions of the role while working from home at that time.

Policy sets the framework, but employment law decisions still require judgment. Employers must determine whether the requested arrangement is workable, identify alternatives that address the same restriction and determine how to respond when medical guidance points in a particular direction.

How to Handle Medically Supported Pregnancy Accommodation Requests

Employers need to treat accommodation requests tied to medical restrictions as part of operational workflows instead of ad hoc decisions.

That means assigning a single owner accountable for the request from intake through final decision, with authority to coordinate across HR, management and leave administration.

Response timing needs to be measured and managed. Intake, review of medical documentation, follow-up questions and decision points should follow defined timelines — not informal handoffs.

Decision paths should be explicit. Who evaluates essential functions, who assesses feasibility, and who signs off should be clear before a request comes in, not figured out during the process.

Documentation needs to capture the reasoning, not just the outcome. The record should reflect what information was considered, what alternatives were evaluated, and why the final decision aligned with the medical restrictions.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

The Accommodations Overload: Why Your ADA and PWFA Process Can’t Stay Manual

Provided by AbsenceSoft

White Papers

The True Cost of a Delayed Diagnosis

Provided by Maven Clinic

White Papers

Completion Rates Aren’t a Training Strategy

Provided by Navex

Webinars

5 Compliance Signals HR Should Review Before 2027

Provided by Navex

SPONSORED CONTENT

HR Technology

Talent Management

sponsored content
AI Skills Gap: The 2026 Questions HR Leaders Are Asking, Answered

Courtesy of TRINET

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Further Reading

  • Employment Law
‘Stop WOKE Act’ Gets Stopped in Its Tracks by Appeals Court Ruling

A Florida law that targets “wokeness” violates the free speech rights of employers, a federal appeals court has ruled. The U.S. Cour...

  • Employment Law
Highly Compensated Employee Files FLSA Lawsuit: Here’s Why

Having trouble deciding whether an employee is exempt under the Fair Labor Standards Act (FLSA)? A ruling from a federal appeals court in a...

  • Employment Law
Pandemic Layoffs: Hotel to Pay $2.75M to Ex-Employees Denied Opportunity to Return to Work

When layoffs occur, the immediate concerns are often understandably front and center. But employers also need to take a longer view of the ...

  • Compensation
  • Employment Law
FLSA Compliance Guide 2026: Wage and Hour Rules for HR

The Department of Labor’s Wage and Hour Division recovered more than $259 million in back wages for nearly 177,000 employees in fisca...

  • Employment Law
Out-of-State Hiring Compliance: How to Avoid Tax and Registration Pitfalls

Out-of-state hiring compliance lets you tap into new talent but comes with complex rules HR must follow. Mistakes on taxes or registrations...

  • Employment Law
Can a thumbs-up emoji prove retaliation? Court says …

Terminating employees is never easy, but it’s part of the job for HR. It’s helpful to follow a termination checklist to avoid communica...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.