The U.S. Equal Employment Opportunity Commission sued an Ohio toy manufacturer, Step2 Company, LLC, and alleged that a pregnant assembly line worker was not permitted to sit down briefly between assemblies, was not allowed to take more frequent breaks, and was not allowed to avoid working on strenuous assemblies. After these accommodation requests were denied, Step2 allegedly interfered with the pregnant worker's ability to get other accommodations.

The employee was also disciplined under the company's attendance policy because of her pregnancy-related absences and approved medical leave.

The employee was ultimately terminated.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-step2-company-sex-pregnancy-and-disability-discrimination-and-retaliation

Commentary

Brief periods to sit down, more frequent breaks, and reassignment away from physically demanding tasks are low-cost accommodations the Pregnant Workers Fairness Act requires.

Reflexive denial of simple accommodations is often unlawful and a risky choice when accommodations are requested. Organizations should consider the following, instead:

· Start simple accommodations- such as more frequent breaks or more sitting - immediately. These do not require an interactive process.

· Relief from some duties would necessitate an interactive process to explore what reasonable accommodations would allow the employee to perform the duties.

· Document the process.

· Remember, each request for accommodations should be addressed on a case-by-case basis.

· Refresh pregnancy and disability anti-discrimination training, annually

The final takeaway is accommodations are often inexpensive to provide. To help avoid the risks, organizations should engage in the interactive process and avoid reflexive denials.