Yes, an employer can deny a pregnancy-related accommodation request, but only in limited circumstances. Under the Pregnant Workers Fairness Act (PWFA), a covered employer generally must provide a reasonable accommodation for a qualified employee’s known limitations related to pregnancy, childbirth, or related medical conditions unless the employer can show that the accommodation would cause an undue hardship.
For federal employees, the PWFA applies to federal agencies as well as other covered employers. A denial should be based on the specific accommodation and workplace circumstances, not assumptions about pregnancy or a blanket workplace policy.
When Can an Employer Lawfully Deny a Pregnancy Accommodation?
An employer does not have to provide an accommodation that would create an undue hardship, meaning significant difficulty or expense for the employer’s operations. This is an individualized determination.
For example, an employer may have grounds to deny a particular accommodation if it would cause substantial operational problems or impose significant costs given the employer’s resources and circumstances. However, rejecting one requested accommodation does not necessarily end the discussion. Another reasonable and effective option may be available.
Common pregnancy-related accommodations can include schedule changes, additional breaks, sitting instead of standing, telework, light duty, temporary changes to job duties, or leave. The PWFA can even require temporarily suspending an essential job function in some circumstances.
What Could an Improper Accommodation Denial Look Like?
Consider an employee who experiences pregnancy-related nausea and asks to start work one hour later. If the employer immediately responds, “Everyone in this position works the same schedule,” without considering whether a schedule adjustment is workable, that denial could raise concerns.
Other questionable responses might include:
- Refusing additional restroom or water breaks simply because workplace policy limits breaks.
- Telling a pregnant employee to take unpaid leave without considering an accommodation that would allow the employee to continue working.
- Automatically rejecting telework even though similarly situated employees have been permitted to work remotely.
- Requiring unnecessary medical documentation for an obvious pregnancy-related need.
The EEOC specifically states that an employer cannot require an employee to take leave when another reasonable accommodation can be provided without undue hardship.
By contrast, a denial is more likely to be lawful when the employer has considered the employee’s particular limitations, evaluated possible accommodations, and determined that the requested option would cause a genuine undue hardship.
What Is the Interactive Process for Pregnancy Accommodations?
Once an employer knows that an employee needs a workplace change because of pregnancy, childbirth, or a related medical condition, the employer should engage in an interactive process. The EEOC describes this as communication between the employer and employee about the limitation and the workplace adjustment that is needed.
You do not need to say “PWFA” or “reasonable accommodation” to start this process. Telling a supervisor that pregnancy-related morning sickness is making your normal start time difficult, for example, can be enough to communicate the need for a change.
The goal is to identify an effective accommodation. An employer does not necessarily have to provide your preferred option if another reasonable accommodation addresses your limitation.
What Are Red Flags That a Denial May Violate the PWFA?
A denial deserves closer scrutiny when the employer does not appear to have considered your circumstances at all. Red flags can include blanket statements such as “we don’t make exceptions,” failing to respond to an accommodation request, repeatedly delaying a decision, or treating pregnancy-related requests differently from comparable workplace requests.
Another warning sign is an employer demanding documentation that is not reasonably necessary. Under EEOC rules, employers are limited in when they may require supporting documentation. For certain straightforward needs, including additional restroom, food, or water breaks during pregnancy, documentation generally should not be required.
What Should You Do If Your Pregnancy Accommodation Is Denied?
Start by creating a clear record. Keep your original request, the employer’s response, relevant medical information, and emails or messages discussing possible accommodations. If the denial was verbal, make a dated note of what was said and who participated in the conversation.
You can also ask why the request was denied and whether another accommodation is available. Depending on your workplace, you may be able to escalate the matter to human resources, an EEO office, an accommodation coordinator, or another appropriate agency official.
Federal employees should be especially mindful that discrimination complaints are subject to specific administrative procedures and deadlines. Solomon Law Firm represents federal employees in EEO matters involving discrimination and other workplace rights.
Take Action If Your Accommodation Request Was Improperly Denied
A pregnancy accommodation denial is not automatically unlawful, but an employer should have a legitimate, individualized reason for refusing a reasonable request. A blanket “no,” unexplained delay, or refusal to discuss alternatives may signal that your rights were not properly considered.
If your agency or employer denied a pregnancy-related accommodation, ignored your request, or took action against you after you asked for an accommodation, contact Solomon Law Firm to discuss what happened and the options available to protect your rights.