Jeffrey Campolongo, of Law Office of Jeffrey Campolongo. Pregnancy Complications Not Enough to Trigger Accommodation Obligation
Deeming it a case of first impression, the court was confronted with what information a disabled employee must provide to her employer to trigger the employer's duty to accommodate a disability under the Rehabilitation Act.
November 23, 2022 at 01:32 PM
8 minute read
Sometimes men just do not get it. At least that's the impression given by a panel of appellate judges in a recent decision out of the U.S. Court of Appeals for the Eleventh Circuit. A former state employee in the Georgia Governor's Office of Student Achievement had her reasonable accommodation claim thrown out because she purportedly failed to link her medical complications from a Cesarean section and her request to work remotely following childbirth. See Owens v. State Of Georgia, Governor's Office Of Student Achievement, Case No. 21-13200 (11th Cir. Nov. 9. 2022). Breaking from EEOC policy, the court held that Owens did not sufficiently explain the nature of her pregnancy-related complications or how remote work would accommodate any disability-based work restrictions. Deeming it a case of first impression, the court was confronted with what information a disabled employee must provide to her employer to trigger the employer's duty to accommodate a disability under the Rehabilitation Act.
When Is a C-Section a Disability?
Nicole Owens began working for the Governor's Office Of Student Achievement (GOSA) in 2016 as a web content specialist and served in this role until her termination in 2018. In early 2018, Owens informed GOSA that she had a "high-risk pregnancy" and wanted to take time off under the Family Medical Leave Act (FMLA) until her due date. Owens was on FMLA from early 2018 until July 20, 2018. Owens gave birth via Cesarean section on July 18, 2018, according to the published opinion.
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