The U.S. Equal Employment Opportunity Commission sued disability support services nonprofit, St. Louis Arc, Inc.
The EEOC alleges the organization refused to provide reasonable accommodations to a pregnant worker, forcing her to take leave, and ultimately firing her.
The employee, a company support specialist, allegedly informed her supervisors that she was pregnant and provided medical documentation supporting a temporary 20-lb. lifting restriction, related
to back and pelvic pain caused by pregnancy.
The organization had previously allowed light-duty assignments or modifications to other employees with similar lifting restrictions but refused to allow the same accommodation for the pregnant employee.
Rather than providing any accommodation, the organization allegedly placed the employee on leave which expired shortly before her due date. The organization then allegedly fired her.
Source: https://www.eeoc.gov/newsroom/eeoc-sues-st-louis-arc-pregnancy-discrimination
Commentary
Nonprofits should be aware of all federal, state, and local laws related to pregnancy discrimination.
The above case contains allegations of violations of the Pregnant Workers Fairness Act (PWFA).
The PWFA, which went into effect on June 27, 2023, covers employers of 15 or more employees and requires them to provide reasonable accommodations for an employee's or applicant's known limitations related to pregnancy, childbirth, or related condition, unless doing so will cause the employer an undue hardship.
The PWFA only applies to accommodations. Other laws, such as Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, prohibit discrimination based on sex, including pregnancy discrimination, making it illegal to fire or discriminate against employees or applicants because of pregnancy, childbirth, or related medical conditions.
The Americans with Disabilities Act also protects those whose pregnancy-related conditions are considered a disability under the Act, protecting them from discrimination and requiring reasonable accommodations to be provided unless doing so would pose an undue hardship.
The Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act") also broadens protections for workers who must express breast milk at work.
The PWFA does not replace any federal, state, or local laws that are more protective for employees or applicants experiencing pregnancy, childbirth, or other related medical condition.
Examples of reasonable accommodations under the PWFA provided by the EEOC include:
· Additional, longer, or more flexible breaks, including breaks to drink water, eat, rest, or use the restroom
· Changes to food/drink policies to allow for a water bottle or food
· Providing a stool to sit on while working
· Changing a uniform or dress code
· Providing safety equipment that fits
· Telework
· Temporary reassignment
· Temporary suspension of one or more job essential functions
· Leave for healthcare appointments
· Light duty or alleviating lifting requirements
· Leave to recover from childbirth or pregnancy/childbirth related medical condition
The EEOC emphasizes that this list is not a complete list of possible accommodations. Further, workers may require different accommodations at different times during their pregnancy or after childbirth.
Nonprofits must ensure they engage in the interactive process with workers who are covered by the PWFA to determine if a reasonable accommodation is needed, what that accommodation should be, and whether such an accommodation would cause an undue hardship.
Outright failure to engage in that interactive process and taking actions such as forced leave and termination violate the PWFA. Under the right circumstances, leave can be a reasonable accommodation under the PWFA. However, providing leave as a reasonable accommodation after engaging in the interactive process is not the same as requiring forced leave.
The final takeaway is nonprofits are not immune to pregnancy discrimination risks. To avoid the litigation pitfalls, nonprofits must understand all laws related to pregnancy and childbirth and consult local legal counsel to ensure they are being applied correctly in the workplace.
Source: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
