A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview of the key legal protections and employer obligations.
Federal Legal Protections for Pregnant Employees
1. Pregnancy Discrimination Act (PDA) – 42 U.S.C. § 2000e(k)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA:
- Employers cannot fire, refuse to hire, demote, or otherwise discriminate against a woman because of pregnancy.
- Pregnant employees must be treated the same as other employees who are similar in their ability or inability to work.
- If an employer provides accommodations for temporarily disabled employees, it must provide similar accommodations for pregnant employees with work restrictions.
2. Americans with Disabilities Act (ADA) – 42 U.S.C. §§ 12101 et seq.
While pregnancy itself is not considered a disability under the Americans with Disabilities Act (ADA), pregnancy-related conditions (e.g., gestational diabetes, preeclampsia, severe morning sickness) may qualify as disabilities if they substantially limit a major life activity.
- If a pregnancy-related condition qualifies as a disability, the employer must provide reasonable accommodations unless doing so would impose an undue hardship.
- Accommodations could include modified duties, additional breaks, work-from-home arrangements, or temporary reassignment.
3. The Pregnant Workers Fairness Act (PWFA) – 42 U.S.C. §§ 2000gg et seq. (Effective June 27, 2023)
The PWFA expands protections by requiring covered employers (those with 15 or more employees) to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related conditions unless the accommodation poses an undue hardship. Examples include:
- Allowing a pregnant worker to sit rather than stand
- Permitting more frequent restroom breaks
- Providing light-duty work if medically necessary
Unlike the PDA, which requires equal treatment, the PWFA mandates affirmative accommodations even if non-pregnant workers are not entitled to them.
4. Family and Medical Leave Act (FMLA) – 29 U.S.C. §§ 2601 et seq.
The FMLA provides eligible employees (those who have worked for a covered employer for at least 12 months and logged 1,250 hours) with up to 12 weeks of unpaid, job-protected leave for:
- Pregnancy-related health conditions
- Childbirth and postpartum recovery
- Bonding with a newborn
Employers must restore the employee to the same or an equivalent position upon return from leave.
West Virginia State Law Protections
1. West Virginia Human Rights Act (WVHRA) – W. Va. Code § 16B-17–9
The WVHRA prohibits discrimination based on pregnancy in employment, mirroring the federal Pregnancy Discrimination Act (PDA). It applies to employers with 12 (within West Virginia) or more employees and protects against:
- Wrongful termination due to pregnancy
- Adverse employment actions based on pregnancy or related conditions
2. West Virginia Pregnant Workers’ Fairness Act (W. Va. Code § 16B-19–1 et seq.)
This law, effective June 2014, closely mirrors the federal PWFA and requires West Virginia employers to:
- Provide reasonable accommodations for pregnant employees unless an undue hardship exists.
- Engage in an interactive process to determine appropriate accommodations.
- Not force a pregnant worker to take leave if a reasonable accommodation is available.
3. West Virginia Parental Leave Act (W. Va. Code § 21–5D‑1 et seq.)
The Parental Leave Act (PLA) provides up to 12 weeks of unpaid leave for full-time public sector employees following childbirth, adoption, or pregnancy-related incapacity. While it does not cover private employers, it supplements FMLA rights for state employees.
Employer Obligations Regarding Problem Pregnancies
If an employee has a pregnancy-related medical condition that restricts her ability to work, the employer’s legal obligations include:
- Provide Reasonable Accommodations
- Modify work duties (e.g., lifting restrictions, schedule adjustments).
- Provide ergonomic accommodations (e.g., allowing the use of a stool).
- Permit remote work or flexible hours, if feasible.
- Engage in the Interactive Process
- Employers must engage in good-faith discussions with the employee to identify reasonable accommodations.
- Avoid Forcing Unnecessary Leave
- Employers cannot require a pregnant worker to take leave if an accommodation would allow her to work.
- Grant Leave Under FMLA (if applicable)
- If the employee is eligible under the FMLA, she is entitled to up to 12 weeks of unpaid, job-protected leave.
- Prevent Retaliation
- Employers cannot retaliate against an employee for requesting accommodations or taking leave under the PWFA, ADA, FMLA, or WVHRA.
Conclusion
Under federal and West Virginia law, pregnant employees have significant protections against discrimination and are entitled to reasonable accommodations if their pregnancy affects their ability to work. Employers must comply with the PDA, ADA, PWFA, FMLA, WVHRA, and WV Pregnant Workers’ Fairness Act to avoid liability. Failure to accommodate a pregnancy-related restriction could result in claims of wrongful termination, failure to accommodate, or pregnancy discrimination under both federal and state laws.
