A pregnant employee has asked for pregnancy-related accommodations. How should we handle this request?
Quick Answer
The Pregnant Workers Fairness Act, effective June 27, 2023, requires covered employers to provide reasonable accommodations to workers for pregnancy, childbirth and related medical conditions. In addition, a pregnancy-related impairment may qualify as a disability under the ADA, in which case the provision of reasonable accommodation is required. Do not deny an accommodation to a pregnant worker if the same accommodation is given to non-pregnant workers with similar restrictions.
Legal Perspective
Maynard Nexsen
Columbia, South Carolina
Under the Pregnancy Discrimination Act (PDA), employers must treat a pregnant worker like any other worker, says employment law attorney David Dubberly of the firm Nexsen Pruet.
This means if a pregnant employee requests light duty, and in the past, you’ve given injured employees light-duty assignments, you most likely need to approve her request. The ADA or FMLA can also come into play if the employee is experiencing pregnancy complications that are considered a serious health condition. If this is the case, an accommodation greater than a light-duty assignment, or even leave, could be necessary.
Relevant Case Law
Young v. United Parcel Service
Townsend v. Town of Brusly
Durham v. Rural/Metro Corp.
HR Insight
Mack Technologies Florida Inc.
Melbourne, Florida
First, ask the employee to provide documented restrictions/accommodations from the treating healthcare provider to better understand what is needed, advises HR Manager Lea Tavani.
For example, appropriate accommodations might include light duty, lifting restrictions or reduced hours, etc. Based on the type of work the employee is performing, this will help the employer determine if the accommodations are reasonable and can be met without creating an undue hardship on the employer.
If the accommodations can’t be met, consider a temporary transfer to another position/role that the employee is qualified to perform for the duration of the pregnancy. If there is no reasonable accommodation or other job option available, then FMLA and/or short-term disability may be an option depending on the employee’s tenure.
Vaxcel International Co. Ltd.
Carol Stream, Illinois
First, I would review the accommodation request, says Kim Schrader, an HR Manager in Illinois.
To determine whether the accommodation was reasonable, I’d discuss the request with the department manager/supervisor to see if we would need to change anything in our current processes in order to make the accommodations work.
If minor adjustments needed to be made, we’d make the accommodations with the employee in a written agreement stating the period when the accommodations would begin and end. If the accommodations would hurt the business or significantly change our processes, then we would continue the interactive process to discuss alternatives that would work for both the employee and the company.
Gordy's Marine
Fontana-on-Geneva Lake, Wisconsin
Talk to the employee, in person, to find out what type of accommodations are needed and request a doctor’s note if necessary, says HR Manager Jaime Offutt.
Then see if the company can accommodate the request. If so, inform managers about what needs to be done to accommodate the worker. Be sure to follow up to ensure the accommodation effectively meets the employee’s needs.
The Cost of Noncompliance
No light duty? Employer pays $162K to pregnant paramedic
Who was involved: American Medical Response Ambulance Service, Inc., a nationwide medical transportation company, and a pregnant paramedic who worked in Spokane, Washington.
What happened: The paramedic requested light duty for the last part of her pregnancy and supplied a doctor’s note in support. The company denied the paramedic’s request, even though it gave light-duty tasks to employees who were injured on the job, according to the EEOC’s lawsuit. Instead, the company told the paramedic that she had to take unpaid leave or work without restrictions, the EEOC claimed.
Result: The company agreed to pay $162,500 in damages to the paramedic. Under the two-and-a-half-year consent decree, the company was also required to:
- Provide anti-discrimination training, focusing on Title VII and the Pregnancy Discrimination Act (PDA), to supervisors, HR personnel, and safety personnel who work in Washington state; and provide the same training to all employees who work at the Spokane location.
- Revise its policies and procedures for Title VII and PDA compliance.
- Post two notices: 1) informing employees about their legal rights under Title VII and the PDA, and 2) outlining the company’s legal obligations under the consent decree.
Info: AMR to Pay $162,500 to Settle EEOC Pregnancy Discrimination Lawsuit, 12/29/20.
Employer pays $30K to pregnant nursing assistants
Who was involved: Century Care of Laurinburg, Inc. d/b/a Scottish Pines Rehabilitation & Nursing Center, and two pregnant certified nursing assistants (CNAs) who worked in North Carolina.
What happened: According to the EEOC’s lawsuit, the company provided light-duty modifications to employees who were hurt on the job. Even so, it denied the light-duty requests of two pregnant CNAs who were put on lifting restrictions during the later stages of their pregnancies, the EEOC alleged. Instead, the company put the workers on leave and then terminated them when they could not return to work without the accommodation.
Result: The company agreed to pay $30,000 in damages, which was distributed to the affected workers. Under a 30-month consent decree, the company was also required to:
- Implement a written policy that treats employees “affected by pregnancy, childbirth, or related medical conditions the same as non-pregnant persons similar in their ability or inability to work, including providing modified duty.”
- Provide training on pregnancy discrimination.
- Provide periodic compliance reports to the EEOC.
Info: Century Care of Laurinburg to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit, 12/16/19.
UPS pays $2.25M to pregnant employees denied light-duty accommodations
Who was involved: United Parcel Service, Inc., the world's largest package delivery company, and an undetermined number of drivers who worked for the company from 2012-2014 and were pregnant at the time.
What happened: According to the EEOC’s lawsuit, UPS provided light-duty assignments to workers who were injured on the job, had certain driving restrictions and had certain disabilities. However, prior to 2015, it did not provide light-duty accommodations for pregnancy-related issues. (As an FYI, UPS has since changed its policy.) A pregnant driver alleged this failure amounted to pregnancy discrimination. Her complaint prompted an EEOC investigation on pregnant employees who were denied such light-duty accommodations that would’ve allowed them to continue working throughout their pregnancies.
Result: The company paid $2.25 million that would be distributed to drivers who worked during the stipulated time frame, were pregnant and were denied light-duty accommodations. Under the agreement, the company also:
- Revised its pregnancy accommodation policies.
- Provided training to HR and supervisors on pregnancy discrimination and the revised policies.
- Notified employees about their rights under the revised policies.
- Submitted compliance reports to EEOC regarding pregnancy accommodation requests and complaints.
Info: UPS to Pay $2.25 Million to Settle EEOC Pregnancy Discrimination Charge, 9/17/19.
Key Takeaways
- If you provide an accommodation based on the presence of a particular restriction, it is a best practice not to deny the same accommodation where the restriction is based on pregnancy.
- The federal Pregnant Workers Fairness Act, effective June 27, 2023, requires employers to reasonably accommodate pregnant workers unless doing so would result in undue hardship.
- If a pregnancy-related impairment is serious enough to qualify as a disability under the ADA, then you must engage in an interactive process with the employee to find a suitable reasonable accommodation.
- The Family and Medical Leave Act requires employers with at least 50 employees to provide up to 12 weeks of unpaid leave to any eligible employee who cannot work due to pregnancy.
- Potential accommodations include light duty, remote work, and scheduling adjustments to accommodate medical appointments.
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