To avoid potential legal liability, employers must promptly respond to accommodation requests by pregnant employees.
That is the key lesson from a recent decision by the Third Circuit Court of Appeals in Peifer v. Board of Probation and Parole, No. 23-1081, 2024 WL 3283569 (3d Cir. July 3, 2024). In Peifer, a pregnant employee requested a light duty job a few months into her pregnancy. Her employer quickly denied the request--twice--so the employee took unpaid leave. But about two months later, the employer changed course. It now placed the employee on light duty as she had requested.
A short time later, the employee resigned and sued the employer for pregnancy discrimination under the Pregnancy Discrimination Act. This federal statute states that employers may not discriminate in how they treat a pregnancy-related inability to work. If an employer provides accommodations to employees for non-pregnancy-related reasons that affect their ability to work, they must also accommodate pregnant employees with similar limitations.
In Peifer, the trial court dismissed the employee’s lawsuit, but the Third Circuit reinstated some of her claims. The Third Circuit noted that although the employer eventually granted her light duty request, it previously denied it twice and let two months pass before approving it. The Third Circuit ruled that the Pregnancy Discrimination Act does not permit an employer to grant an accommodation after letting significant time pass because “[p]regnancy is temporary, so if employers could deny pregnant workers accommodation for a period of months but escape liability by eventually relenting, the statute would offer very little protection.”
The Peifer decision serves as a reminder that employers must swiftly respond to pregnancy related accommodation requests. This point rings especially true given that another federal law, the Pregnant Workers Fairness Act, took effect about a year ago. Much like the Peifer decision, the Pregnant Workers Fairness Act’s regulations state that “[a]n unnecessary delay in providing a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee may result in a violation of the [Pregnant Workers Fairness Act]…even if the [employer] eventually provides the reasonable accommodation.” 29 C.F.R. § 1636.4(a)(1).
To avoid venturing into this fraught legal terrain, employers should adopt a policy of promptly responding to all accommodation requests by applicants or employees relating to pregnancy, childbirth, or related medical conditions. If an employer drags its feet in responding to these requests--and litigation later commences--a court may rule that the employer violated the law by moving too slowly.
This article originally appeared on Freeman Mathis & Gary, LLP.
About the Author:
Shane Miller is an associate at Freeman Mathis & Gary, LLP. shane.miller@fmglaw.com