The EEOC's Chicago District Office filed two separate lawsuits on the same day under the Pregnant Workers Fairness Act (PWFA) against businesses operating in the Chicago metropolitan area. The EEOC alleges the employers failed to provide reasonable accommodations to pregnant employees with lifting restrictions and instead either forced them to take unpaid leave or terminated them.

In one case, a South Suburban trucking company allegedly refused to accommodate a pregnant worker's 20?pound lifting restriction, forced her onto leave instead of modifying her duties, and then did not return her to work. In another case, an assisted living or care facility allegedly denied a similar lifting?restriction accommodation request and fired the pregnant employee shortly after she notified the employer of her pregnancy and need for restrictions.

The EEOC contends that both employers could have provided simple job adjustments or light duty comparable to accommodations given to other workers but instead failed to engage in the interactive process required by the PWFA to determine reasonable accommodations. The EEOC seeks back pay, compensatory and punitive damages, and injunctive relief requiring policy changes and training on pregnancy accommodations.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-two-businesses-operating-chicago-area-under-pregnant-workers-fairness-act

Commentary

Both matters described above regarded accommodations for pregnant employees.

A failure to consider and to provide reasonable accommodations for pregnancy-related limitations is unlawful under federal law, the Pregnant Workers Fairness Act and Title VII as amended by the Pregnancy Discrimination Act, and also under state laws.  

Generally, the Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a "reasonable accommodation" to a qualified employee's or applicant's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an "undue hardship." A covered employer is one with 15 or more employees.

When an employee presents a lifting restriction related to pregnancy, the employer's legal obligation is to promptly engage in an interactive process, review the medical limitation, and determine whether the essential functions of the job truly require the restricted lifting level or whether those tasks can be temporarily reassigned, shared, or performed with assistance or equipment.

In many settings, especially where employers already provide light duty, lifting help, or job restructuring for injured or disabled workers, they must extend comparable accommodations to pregnant employees, if appropriate,  and document that process.

Failing to consider accommodations and instead automatically place the employee on unpaid leave or terminate employment will lead to liability.

Here are some examples of possible reasonable accommodations under the PWFA. Bear in mind that there may be other reasonable accommodations. Also, during different stages of pregnancy or after childbirth, different accommodations may be needed:

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom
• Changing food or drink policies to allow for a water bottle or food
• Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing
• Changing a uniform or dress code or providing safety equipment that fits
• Changing a work schedule, such as having shorter hours, part-time work, or a later start time
• Telework
• Temporary reassignment
• Temporary suspension of one or more essential functions of a job
• Leave for health care appointments
• Light duty or help with lifting or other manual labor, or
• Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.