Pregnant Workers Fairness Act Passes West Virginia Senate and Awaits Governor's Signature

by Alex Greenberg

On March 6, 2014, the West Virginia Senate passed the Pregnant Workers Fairness Act (“PFWA”). Now that the bill has been passed by both the House and the Senate, it will move on to the desk of the Governor. If the Governor signs the bill, which is expected, then the PWFA will become law.

Once signed into law, the PWFA will ensure that current protections against employer discrimination will extend to pregnant workers. The PWFA allows employees to request modified duties and other accommodations from employers, so long as the accommodations do not place undue hardship on employers.

Consider a situation where a pregnant employee occasionally has some duties that require heavy lifting but the employee has been advised by her health care provider to not lift more than twenty pounds. Under the PFWA, an employer should temporarily reassign these heavy lifting duties to another employee, so long as this reassignment does not cause undue hardship to the employer’s business.

Once the PFWA becomes law, pregnant employees will be able to file complaints against employers through the West Virginia Human Rights Commission and the Commission may then investigate the pregnant workers’ claims. Employers should also be aware that the PFWA makes it improper to deny employment opportunities to job applicants out of concern that the applicant may ask the employer to make some adjustments due to a pregnancy.

West Virginia Passes Bill Requiring Reasonable Accommodations for Pregnant Workers

by Alex Greenberg

West Virginia is the latest state to join in a movement of strengthening the protections afforded to pregnant workers. On February 5, 2014, the West Virginia House of Delegates unanimously passed House Bill 4284, also known as the Pregnant Workers Fairness Act (“PWFA”). The purpose of the PWFA is to ensure that current protections against employer discrimination extend to pregnant workers, including the right to reasonable accommodations so that a soon-to-be mother can work through her pregnancy.

The PWFA will move on for a vote in the West Virginia Senate. A United States Census Bureau study found that more than 62% of women who had a child in 2012 were in the labor force. Thus, if the PWFA is signed into law, the requirements will affect many employers.

The PWFA makes it clear that employers must provide reasonable accommodations for workers’ limitations that arise from pregnancy, childbirth and related medical conditions unless the employer can prove that such accommodations would put an “undue hardship” on the operation of the business. Additionally, under the proposed law, an employer cannot deny employment opportunities to a job applicant or a current employee based on a refusal to make such accommodations.

Some female employees can work through a pregnancy with few, if any, changes in their job. However, other women may find that certain job functions pose a challenge during a pregnancy. This is especially true in physically demanding jobs or jobs that are traditionally held by men. Often times, these women could continue to work if employers allowed for simple accommodations or slight job modifications. Consider a pregnant cashier at a grocery store who is having trouble standing up all day—perhaps all the employer needs to do is provide a stool and allow the employee to sit instead of stand.

Supporters of the PWFA point out that many pregnant women cannot financially afford to stop working and when they are denied reasonable accommodations, they have no choice but to continue under unhealthy conditions or against their health care provider’s advice. Advocates believe women are putting their own at health at risk, along with the health of their baby. The goal of the PWFA is to ensure that pregnant women can continue to work in a manner that is safe for their pregnancy.