Pregnant employees in West Virginia may find it easier to perform their jobs. West Virginia has enacted the Pregnant Workers’ Fairness Act (PWFA) prohibiting discrimination in employment based on pregnancy, childbirth or related medical conditions. The law also requires employers to make reasonable accommodations for limitations related to pregnancy and childbirth.
Although not defined in the law, common reasonable accommodations include:
- more frequent or longer break periods
- more frequent restroom, food, and water breaks
- acquisition or modification of equipment or seating
- limitations on lifting
- temporary transfer to a less strenuous or hazardous position
- job restructuring
- light duty
- assistance with manual labor
- modified work schedules
- time off for medical appointments
- leave
West Virginia law makes it unlawful to deny employment opportunities to a job applicant or employee because the individual requires reasonable accommodations related to pregnancy or childbirth, to require an applicant or employee to accept a particular accommodation, or to require an employee to take a leave if another reasonable accommodation can be provided. The law does require an applicant or employee to provide the employer with written documentation from a health care provider that specifies the applicant’s or employee’s limitations and suggesting what accommodations would address those limitations.
Employees are protected against retaliation for exercising their rights under the law and may file a complaint for violations of the law with the West Virginia Human Rights Commission or file legal action against an employer. The PWFA applies to all public sector and private sector employers with 12 or more workers within the state for 20 or more weeks in the calendar year.
The Human Rights Commission has updated the mandatory Human Rights Act workplace posting to reflect the PWFA. Employers with West Virginia All-On-One labor law posters can update with Compliance Poster Company’s Human Rights Act Peel ‘N Post. West Virginia All-On-One posters also include the updated posting.