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Category: Disability, Accommodations, and Leaves

The U.S. Equal Employment Opportunity Commission has filed its first lawsuit alleging that an employer violated the Pregnant Workers Fairness Act, which took effect last year. In EEOC v. Wabash National Corp., filed in the U.S. District Court for the Western District of Kentucky, the EEOC alleges that a manufacturer of semi-trailers and commercial trucking equipment violated the PWFA by requiring a pregnant employee to take unpaid leave instead of granting a requested accommodation. The lawsuit also alleges that the company conducted an overly broad medical inquiry.

Hayley Knight worked as a front plate assembler at Wabash’s facility in Cadiz, Ky. Knight told Wabash that her pregnant stomach made it painful for her to bend over trailers, and she asked to be moved to another assembly-line position or to a light-duty position. Wabash refused to consider Knight’s requests, despite the availability of coworkers willing to switch positions with her. The EEOC asserted that placing Knight on leave without engaging in the interactive process and despite the availability of other accommodations constituted a forced accommodation.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.

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