A recent jury verdict using the PWFA and awarding $22.5 million to an Ohio employee following the loss of her child during a high-risk pregnancy underscores the legal and operational risks employers face when accommodation processes break down.
The employee, placed on medically directed bed rest after a pregnancy-related procedure, requested a temporary work-from-home arrangement supported by physician documentation. Her employer denied the request, instead requiring a rapid return to the workplace and directing her toward leave processes. Shortly after returning, she experienced complications that resulted in the premature birth and death of her child. A jury later found that the denial of a reasonable accommodation contributed to the outcome.
While the facts are tragic, the case highlights several critical compliance principles under the Pregnant Workers Fairness Act (PWFA) and the role of third-party administrators (TPAs) in accommodation management:
1. Accommodation vs. Leave Is Not Interchangeable
Under the PWFA, employers must consider reasonable accommodations before directing employees to take leave. Routing a pregnant worker exclusively into a leave-of-absence process—especially through a TPA—without evaluating accommodations like remote work can create liability.
2. Engage in a Timely, Good-Faith Interactive Process
Employers must promptly engage in an interactive dialogue when a pregnancy-related limitation is identified. Delays, rigid policies, or requiring unnecessary documentation can be viewed as a failure to comply. In high-risk medical situations, timing is especially critical.
3. Remote Work as a Potentially Reasonable Accommodation
If remote work has been allowed in other contexts (e.g., illness, public health situations), employers must be prepared to justify why it is not feasible for a pregnant worker. Consistency in accommodation decisions is key to defending against claims.
4. TPA Coordination vs. Internal Oversight
Employers retain responsibility for compliance. Common failure points include:
- Misclassification of requests (accommodation vs. leave)
- Delayed communications between HR and management
- Lack of visibility into urgent or medically sensitive cases
Employers should partner with TPAs trained on PWFA requirements and escalation protocols to further streamline this process and administer important case by case considerations. Partnering with the right TPA can provide a smoother communication process to eliminate gaps in the interactive process and knowledgeable assessments under the PWFA for employers to consider and review.
5. Avoid “All-or-Nothing” Decision-Making
Forcing an employee to choose between returning to work without accommodation or losing benefits (such as health insurance) can be seen as coercive. The PWFA requires flexibility and individualized assessment.
6. Train Frontline Managers and HR
Decisions are often influenced at the manager level. Training should emphasize:
- Recognizing accommodation requests (even informal ones)
- Escalating pregnancy-related limitations appropriately
- Avoiding dismissive or retaliatory responses
7. Document Decisions and Rationale
Clear documentation of the interactive process, including consideration of alternatives and any undue hardship analysis, is essential for legal defensibility.
Bottom line: The PWFA raises the standard for how employers handle pregnancy-related accommodations. Partnering with knowledgeable TPAs that can aid in the accommodation process and streamline communications between employees, management and HR, can be of essential benefit. Organizations that rely heavily on rigid leave frameworks must ensure those systems are aligned with accommodation-first requirements. Failure to do so can lead not only to compliance violations, but also severe human and financial consequences.