Pregnancy discrimination - West Virginia

Summary of differences between federal and state regulations

Under the WV Pregnant Workers Fairness Act, employers with 12 or more employees must make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee.

Accommodations can include:

• Additional breaks,
• Help with manual labor,
• Time off for prenatal medical appointments,
• Modified work policies or procedures,
• Temporary transfers to less strenuous or hazardous work,

Employers may ask for documentation from the individual's health care provider specifying limitations and suggesting accommodations to address them.

Employers may not require an employee to take leave under any leave law or company policy if another reasonable accommodation can be provided.

Employers don't have to provide an accommodation that would pose an undue hardship — an action requiring significant difficulty or expense. Factors to be considered include:

• The nature and cost of the accommodation,
• The organization's overall financial resources,
• The number of employees,
• The effect on expenses and resources,
• The impact on the facility operations,
• Size of the business,
• Business location, and
• Type of operations.

State

Contacts

None.

Regulations

West Virginia Code §61B, Article 19

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)

29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth. Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)

Pregnant Workers Fairness Act, Public Law 117-328

29 CFR Part 1636, Pregnant Workers Fairness Act