Can Your Employer Deny You Accommodations During Pregnancy? Here’s What the Law Says

Employers can only deny pregnant workers’ requests for reasonable accommodations if they have a valid legal justification for doing so. Additionally, if an employer cannot offer a specific accommodation that a pregnant employee has requested, the employer must generally work with the employee to try to find a mutually agreeable alternative. Failure to do so may violate both state and federal law.

Pregnant workers in Pennsylvania are entitled to various protections under state and federal law. These include protections against pregnancy-related discrimination in the workplace as well as the right to reasonable accommodations related to their pregnancy.

Unfortunately, employers don’t always follow the law.

If you requested an accommodation related to your pregnancy and your employer denied your request, it is important to make sure you know what options you have available. If you have grounds to take legal action, you may be entitled financial compensation and other remedies.

What Laws Protect Pregnant Workers in Pennsylvania?

There are two primary laws that entitle pregnant workers to reasonable accommodations in Pennsylvania. These are: (i) the federal Pregnant Workers Fairness Act (PWFA); and, (ii) the Pennsylvania Human Relations Act (PHRA). The PWFA applies to employers with 15 or more employees, while the PHRA applies to employers with four or more employees.

Under both of these laws, covered employers are required to provide reasonable pregnancy-related accommodations to employees who request them, unless doing so would cause “undue hardship.” What constitutes undue hardship is judged on a case-by-case basis, and what constitutes an undue hardship for one employer won’t necessarily constitute an undue hardship for another.

In certain circumstances, other laws may apply as well. For example, the Americans with Disabilities Act (ADA) entitles covered employees to reasonable accommodations for pregnancy-related disabilities. Some municipalities in Pennsylvania (including Philadelphia) have adopted ordinances that protect pregnant workers as well.

What Are Some Examples of Common Pregnancy-Related Work Accommodations?

Pregnancy-related work accommodations can take many different forms. While what is “reasonable” varies depending on an employee’s specific needs, some examples of common accommodations include:

• Additional or longer breaks
• Work station modifications
• Schedule modifications
• Temporary reassignment
• Temporary suspension of certain job duties
• A temporary transition to light-duty work
• Additional leave to recover from childbirth
• Working from home

For employees who require accommodations, it is important to request an accommodation that is reasonably tailored to their specific needs. With that said, as a general rule, employers cannot deny employees’ requests outright. Even if your employer cannot provide the specific accommodation you have requested, it must generally attempt to work with you to find a mutually agreeable alternative.

How Do You Request a Pregnancy Accommodation at Work?

You do not have to use any special language or follow any special procedures to request a pregnancy accommodation at work. While it is a good idea to submit your request in writing, once an employer receives a request that is covered under the PWFA or PHRA (or other applicable law), it must respond to the request in good faith.

What if Your Employer Denies Your Request for a Reasonable Accommodation?

If your employer denies your request for a reasonable accommodation and does not offer a satisfactory alternative, you should consult with an employment lawyer about your legal rights. If your employer has violated your legal rights, you may have grounds to take legal action, and an experienced employment lawyer will be able to take appropriate legal action on your behalf.

FAQs: Protecting Your Legal Rights as a Pregnant Employee in Philadelphia

How do I file a claim if my employer denied my request for a pregnancy-related accommodation at work?

If your employer has improperly denied your request for a pregnancy-related accommodation at work, the steps you need to take depend on the specific law (or laws) that protect you. If you have a claim under the PWFA, you will need to file your claim with the U.S. Equal Employment Opportunity Commission (EEOC). If you have a claim under the PHRA, you will need to file your claim with the Pennsylvania Human Relations Commission (PHRC).

What are the remedies for denial of a pregnancy-related accommodation?

The remedies for denial of a pregnancy-related accommodation can include forcing your employer to provide a reasonable accommodation, reinstatement of your job (if you were improperly terminated or reassigned), and financial compensation. Punitive damages are also available in some cases. If you have a claim for denial of a reasonable accommodation, you have the right to choose which remedies you want to pursue.

Do I need a lawyer if my employer denied my accommodation request?

If your employer has wrongfully denied your request for a pregnancy-related accommodation at work, we strongly recommend speaking with a lawyer about your legal rights. While employees are allowed to file claims with the EEOC and PHRC on their own, filing a claim is a complex process. It is also critical to ensure that you are seeking the full remedies you deserve.

How Our Lawyers Can Help if You’ve Been Denied a Pregnancy-Related Accommodation

Did your employer deny your request for a reasonable pregnancy-related accommodation? If so, our lawyers can:

• Evaluate your employer’s claim of “undue hardship”
• Evaluate your employer’s efforts to offer a reasonable alternative (if any)
• Determine your eligibility to file a claim under the PWFA, PHRA or other applicable law
• File a claim with the EEOC or PHRC if warranted
• Negotiate for a fair resolution on your behalf and fight for your legal rights if necessary

Speak with a Philadelphia Employment Lawyer for Free

If you need to know more about your legal rights as a pregnant employee in Pennsylvania, we strongly encourage you to get in touch. Our lawyers can explain everything you need to know, and we can take appropriate legal action on your behalf. To schedule a free consultation with an experienced Philadelphia employment lawyer, call us at 267-273-1054 or tell us how we can help online today.