West Virginia Enacts Pregnancy Discrimination Law, Requires Reasonable Accommodations
Author: Beth Zoller, XpertHR Legal Editor
April 1, 2014
West Virginia has enacted the Pregnant Workers Fairness Act (the Act), which prohibits discrimination and harassment against women affected by pregnancy, childbirth and related medical conditions in the workplace. It also requires employers to provide pregnant workers with reasonable accommodations.The Act takes effect on June 4, 2014.
Like the West Virginia Human Rights Law, the Act applies to employers that employ 12 or more workers in West Virginia for 20 or more calendar weeks in the calendar year in which the discriminatory act allegedly occurred, or in the preceding calendar year. It does not apply to private clubs.
Under the Act, an employer engages in pregnancy discrimination if it:
- Fails to provide reasonable accommodations to the known limitations of a job applicant's or an employee's pregnancy, childbirth or related medical conditions despite receiving written documentation from the individual's health care provider, unless the employer can show that the requested accommodation would impose an undue hardship on its business operations;
- Denies employment opportunities to a pregnant job applicant or employee based on the employer's refusal to make reasonable accommodations;
- Requires a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than the accommodation the applicant or employee has requested.
- Requires a pregnant employee to take leave under a leave law or employer policy although another reasonable accommodation can be provided; or
- Takes an adverse employment action against an individual who opposes an unlawful practice or participates in an investigation, proceeding or hearing under the Act.
Similar to the West Virginia Human Rights Act, aggrieved individuals are entitled to either file a complaint with the Human Rights Commission or a private lawsuit. An employer that violates the Act may be prohibited by a court from engaging in further discrimination and may be required to reinstate a former employee or hire an applicant, pay back pay to an individual or pay reasonable attorneys' fees and other court costs.
Similar laws have been enacted in Maryland, New Jersey, New York City and Philadelphia.
West Virginia employers should be prepared to make appropriate changes to workplace policies and procedures as well as educate supervisors regarding the law's requirements with respect to discrimination and reasonable accommodations.