About Us  |  About Cheetah®  |  Contact Us

Bill requiring employers to accommodate pregnant workers passed by West Virginia Senate

March 7th, 2014  |  Deborah Hammonds

The West Virginia Senate has passed legislation requiring employers to provide reasonable accommodations related to pregnancy and childbirth. The Pregnant Workers Fairness Act, HB 4284, was overwhelmingly approved on March 6.

Introduced in the House on January 24, 2014, by Delegate Don Perdue, HB 4284 would amend the Code of West Virginia to make it an unlawful employment practice for covered entities to:

  • Fail to make reasonable accommodations to an applicant’s or employee’s known limitations related to pregnancy, childbirth, or related medical conditions, following written documentation from a health care provider specifying the limitations and suggesting what accommodations would address those limitations, unless the covered entity can demonstrate the accommodation would impose an undue hardship on the operation of the business;
  • Deny employment opportunities, if the denial is based on the covered entity’s refusal to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;
  • Require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that the applicant or employee chooses not to accept; or
  • Require an employee to take leave under any leave law or covered entity policy if another reasonable accommodation can be provided for the employee’s known limitations related to the pregnancy, childbirth, or related medical conditions.

“Reasonable accommodation” and “undue hardship” would have the same meaning and be construed in the same manner as in Section 101 of the ADA.

HB 4284 also includes protections against retaliation for those who exercise their rights under the new law.

The legislation now moves to the Governor’s desk.

Leave a Response

Powered by WP Hashcash