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
Employment LawSometimes 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.
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