A federal district court has denied summary judgment on a Pregnant Workers Fairness Act failure-to-accommodate claim, finding that informal notice suffices to trigger the need for HR action.
In King v. Legacy Hospice, the court held that informal written notice to HR can establish an employee’s “known limitation” even if the employee does not comply with the employer’s preferred accommodation process or provide detailed restrictions up front.
The court rejected the employer’s argument that an employee’s inability to perform an essential function defeats the claim as a matter of law. It noted that the PWFA’s “qualified employee” definition can cover an employee’s temporary inability to perform an essential function if the employer can reasonably accommodate it. Therefore, an employee’s temporary inability to perform an essential function may require an employer to perform an accommodation analysis rather than issue an automatic denial.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here. Employers seeking an in-depth review should consider registering for CWC’s course Navigating the Reasonable Accommodation Process.