Polaris Industries, a vehicle manufacturer based in Delaware, agreed to pay $55,000 and provide additional injunctive relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The lawsuit arose from allegations that Polaris penalized a pregnant employee for medically-necessary absences and refused to provide accommodations, which violated the federal Pregnant Workers Fairness Act (PWFA).

The settlement agreement includes monetary relief as well as commitments to improve policies and training to prevent future violations.

Source: https://www.eeoc.gov/newsroom/polaris-industries-pay-55000-eeoc-pregnancy-suit
 

Commentary

Managers and supervisors play a crucial role in preventing claims under the Pregnant Workers Fairness Act (PWFA) by responding proactively to the need for reasonable accommodations that pregnant employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions may require.

Under the PWFA, there are many situations in which it is not reasonable to withhold a requested accommodation. It is not reasonable if:

• "The limitation and need for an adjustment or change at work due to the limitation is obvious. For example, an obviously pregnant employee who seeks a bigger uniform because of their pregnancy cannot be required to provide additional information.
• The employer already knows about the limitation and the adjustment or change at work due to the limitation. For example, if the employee has already provided enough information that they have morning sickness due to pregnancy and need a later start time, the employer cannot demand a new doctor's note every time the employee uses the accommodation of coming in later.
• The employee is currently pregnant and needs breaks for the bathroom or to eat or drink, needs to carry water with them to drink, or needs to stand if their job requires sitting or to sit if their job requires standing.
• The employee is lactating and needs modifications to pump at work or nurse during work hours.
• The employer would not ask an employee for documentation in that situation normally. If an employer's policy is that employees only need a note from a healthcare provider for absences if they are missing 3 or more days in a row, the employer can't require someone who needs a reasonable accommodation of 1 day off because of pregnancy, childbirth, or a related medical condition to provide information from the health care provider." www.eeoc.gov

Managers should timely implement reasonable accommodations that are on their face reasonable. Other requests should be immediately communicated to those in the organization authorized to engage in the interactive process with the employee/applicant and perhaps their healthcare provider.