A multinational technology and consumer-services company that is one of the largest employers in the world is facing a class action lawsuit in the Southern District of New York for alleged failure to comply with the Pregnant Workers Fairness Act (PWFA), a federal law.
The complaint, filed on September 8, alleges that the employer had an improper blanket policy requiring employees to submit medical documentation with all accommodation requests. However, EEOC regulations state that it is not reasonable or necessary for an employer to require supporting documentation from a pregnant employee seeking one of the following modifications due to their pregnancy:
- carrying or keeping water near for drinking;
- taking additional restroom breaks;
- sitting, for those whose work requires standing, and standing, for those whose work requires sitting, as needed;
- taking breaks to eat and drink.
Employers also are not permitted to seek documentation when an accommodation request is related to a time or place to express breast milk at work.
This lawsuit is a reminder to all employers to ensure that your accommodation process, dialogue and paperwork is compliant with all applicable state and federal laws, including the PWFA. Employers who require documentation to support reasonable accommodation requests should ensure that their policies and practices take into account those pregnancy-related accommodations for which documentation cannot be required.