Failure to Provide a Reasonable Accommodation During Pregnancy

The Pregnant Workers Fairness Act (PWFA) is a recently enacted federal law that provides pregnant and postpartum workers with the right to reasonable accommodations at work unless the accommodation will cause the employer an “undue hardship.” Examples of reasonable accommodations include:

• Switching to light-duty
• Taking more frequent or longer breaks to drink water, eat, rest or use the bathroom
• Having a chair or stool to sit on while working
• Shifting to telework or temporary reassignment
• Having a private place to pump breastmilk

Employers are not required to provide the exact accommodation you request, but they must work with you to find a suitable alternative unless doing so would cause them undue hardship, such as being significantly difficult or expensive for the employer.

In order to pursue a claim against your employer for failing to accommodate you during pregnancy:

• Your employer must have at least 15 employees; and
• You must also file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or South Carolina Human Affairs Commission (“SCHAC”) within 300 days of when your employer failed to accommodate you. It is preferable to have an experienced employment lawyer draft your charge. However, you don’t need a lawyer to file a claim with the EEOC or SCHAC. You can file a claim with these agencies on your own. See https://www.eeoc.gov/how-file-charge-employment-discrimination or visit the SC Human Affairs Commission website. https://schac.sc.gov/employment-discrimination/how-file-employment-complaints.