Pest Control Company Pays for Violating Pregnant Workers Fairness Act

Recently enacted federal legislation strengthens the rights of pregnant employees. Many companies might not be aware of the new rules, but the Equal Employment Opportunity Commission (EEOC) is already taking action against employers who are not fulfilling their obligations under the updated standards. 

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to employees who are expecting a child or recently gave birth. Specific examples of accommodations include the following:

  • Changes to the existing break schedule

  • Time off to attend medical appointments and recover from childbirth

  • Remote work

  • Adjustments to the employee’s work station

  • Suspending enforcement of uniform or dress code requirements

  • Assistance with lifting heavy objects

  • Temporary relief from job duties that cause a health risk or discomfort

A Florida business, ABC Pest Control, recently faced legal action from the EEOC when a former employee alleged that the company refused to allow her to take time away from work for monthly appointments with her obstetrician. When she insisted on the need for these medical visits during her pregnancy, ABC fired her.

Given the violation of the PWFA, the pest control company agreed to pay their former worker approximately $47,000 in damages. In addition, ABC revised its employment policies so that they would comply with the new law and committed to provide training to employees concerning discrimination and requests for accommodations. 

There might be many instances where employers fail to honor the rules set forth to protect workers who are pregnant or have recently given birth. Not only is the PWFA a new law, but pregnancy differs from most other characteristics protected under anti-discrimination statutes. All parties understand that pregnancy is a temporary condition, so businesses might be tempted to delay responding to an accommodation request, figuring that they can avoid their legal obligation by stalling until after the worker is no longer pregnant. 

If you require reasonable assistance from your employer in order to work while you’re expecting or shortly after you’ve gone through labor and delivery, there is no time to wait. Kardell Law Group can negotiate for an appropriate accommodation or bring a claim under the PWFA if the company refuses to offer an acceptable solution.