Pregnant crew member sues after employer fails to provide agreed-to accommodation

“I can’t believe what I’m hearing,” said Supervisor Nathan Hawkins. “Jennifer is suing us for failing to accommodate her pregnancy? But she walked off the job. Her lawsuit has no merit.”

“I hope you’re right,” replied HR Director Carolyn McGill. “Jennifer argues that she was forced to quit because we refused to accommodate her condition and she was worried about the health of her baby. When did Jennifer first seek an accommodation for her pregnancy?”

“Shortly after Jennifer told us that she was pregnant, she produced a doctor’s note stating that she couldn’t lift, push, or pull anything that weighed more than 20 pounds,” said Nathan. “That was a potential problem, of course, because her job required her to frequently lift and carry heavy items.”

“How did we respond to Jennifer’s accommodation request?” asked Carolyn.

“We told Jennifer that she should let us know whenever she needed to handle anything that weighed more than 20 pounds,” said Nathan. “Every time she requested help, we would give it to her.”

“But Jennifer claims that we didn’t actually provide the accommodation,” said Carolyn. “She points out, for instance, that she once left behind a load that weighed more than 20 pounds, as she’d been instructed to do. But when her supervisor found out what she’d done, he blew his stack and told her to come back and retrieve the item.”

“Yeah,” replied Nathan. “Well, I think Jennifer’s supervisor forgot that we’d agreed to provide the accommodation. It was an honest mistake.”

“Jennifer thinks her boss acted intentionally,” said Carolyn. “She also alleges that she was once ordered to push a load that weighed more than 20 pounds. When she requested help, her boss yelled at her for using an unsafe technique to move the load, then refused to find a helper.”

“It’s important for workers to push loads in a safe manner,” said Nathan. “Besides, a few days after her supervisor yelled at her for handling the load improperly, she left the job and didn’t come back. But before she resigned, she never said anything about our refusal to provide her with the accommodation. If we’d been given a chance to address the situation, we could’ve fixed things. But Jennifer never provided us with that opportunity. Let’s fight this lawsuit.”

Result: The employer lost. The court refused to dismiss the case. The judge said the woman provided evidence that her employer failed to accommodate her condition, despite having promised to do so.

After instructing the woman to ask for assistance when she needed to lift, push, pull, or otherwise move a heavy load, the organization effectively rescinded the agreed-to accommodation. For instance, when the staffer didn’t pick up a heavy load, her supervisor ordered her to carry the item, despite the accommodation agreement, which called for the manager to provide help when she requested it.

Furthermore, the woman asked for assistance before trying to push a load that weighed more than
20 pounds. Rather than get the help, as the employer had agreed to do, her supervisor admonished the woman for handling the load unsafely.

Even though the worker quit, she could still pursue her lawsuit, said the court, because the organization effectively pulled the accommodation it had agreed to provide, forcing the woman to jeopardize the health of her baby, which she justifiably refused to do.

Cite: Wise v. DeJoy, U.S. Court of Appeals 10, No. 22-1224, 6/16/23.

(From the Aug. 11, 2023, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)