Can Your Employer Deny a Pregnancy Accommodation?
The PWFA requires many employers to consider reasonable pregnancy-related accommodations. Learn when a denial may violate federal law.
The Short Answer
A covered employer cannot deny a reasonable pregnancy-related accommodation simply because it is inconvenient. Under the Pregnant Workers Fairness Act, many employers with 15 or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the employer can show undue hardship.
What Counts as a Pregnancy-Related Limitation?
The limitation may involve pregnancy, childbirth, recovery, lactation, miscarriage, fertility treatment, or another related medical condition. It does not always need to qualify as a disability under the ADA. The worker should explain the limitation and the work change needed with enough clarity for the employer to respond.
Common Accommodation Requests
Common requests include schedule changes, more frequent breaks, light duty, temporary lifting limits, seating, remote work when job duties allow it, modified uniforms, or time for medical appointments. The right accommodation depends on the job and medical need.
Warning Signs of an Illegal Denial
Red flags include refusal to engage, discipline after a request, forcing leave when another accommodation would work, demanding unnecessary documentation, or treating non-pregnant workers more favorably. Retaliation for requesting accommodation can also create a separate claim.
What to Do Next
Put the request in writing, save the response, preserve medical notes, and track any schedule change, discipline, lost wages, or termination. If the denial affects your health or income, get a free consult before deadlines pass.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, get a free consult with an experienced employment attorney.
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