PWFA claims have arrived: Anatomy of a lawsuit
Cases are just now starting to come out involving the Pregnant Workers Fairness Act (PWFA). For lessons on how one employer ran afoul of its obligations, read on.
Timeline
It’s often helpful in a factually dense case to break events into a timeline:
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Taylor King is a registered nurse (RN) working as a case manager for hospice service provider Legacy, which requires her to visit patients’ homes. She started in October 2023.
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When hired, her job description included the ability to “lift, position and/or transfer patients.” No further details.
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On January 23, 2024, she learned that she was pregnant.
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On March 24, she emailed HR to tell them that according to her doctor, she could lift no more than 25 pounds.
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On May 16, she met with HR and her managers. They expressed concern that she couldn’t do her job with the lifting restriction. She responded that she was using a “buddy” system whereby a certified nursing assistant would drop by the home and assist her.
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Message to King: You’re fired. Why? The 25-pound lifting restriction prevented her from performing an “integral aspect” of her job, and the company couldn’t accommodate her by requiring another employe to be present at all times.
King filed a PWFA lawsuit, and the court denied the company’s request to toss the claim.
1,2,3: Request denied