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WPI 330.48 Employment Discrimination—Pregnancy Discrimination—Undue Hardship

6A WAPRAC WPI 330.48Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 330.48 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XVI. Employment
Chapter 330. Employment Discrimination
WPI 330.48 Employment Discrimination—Pregnancy Discrimination—Undue Hardship
An employer is not required to accommodate an employee's pregnancy or pregnancy-related condition by affording certain types of accommodations if doing so would impose an undue hardship on the operation of the employer's business. “Undue hardship” means an action requiring significant difficulty or expense.
(Name of defendant)has the burden of proving that any of the following accommodations would impose an undue hardship on(name of defendant):
[(1)] [Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station]
[(2)] [Providing for a temporary transfer to a less strenuous or less hazardous position]
[(3)] [Providing assistance with manual labor and limits on lifting less than seventeen pounds]
[(4)] [Scheduling flexibility for prenatal visits] [or]
[(5)] [Any further pregnancy accommodation the employee requested, in consultation with information provided on pregnancy accommodation by the Department of Labor and Industries or the attending health care provider of the employee].
An employer may request that the employee provide written certification from her treating health care professional regarding the need for the above accommodations.
[To accommodate the employee, an employer is not required to discharge any other employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need accommodation.]
[An employer is not required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.]
NOTE ON USE
When any of the express accommodations listed in RCW 43.10.005(c)(i)–(v) are at issue, use WPI 330.47 (Employment Discrimination—Pregnancy Discrimination—Certain Reasonable Accommodations Required).
Under certain circumstances, non-cost factors also may support an undue hardship instruction. This instruction should be modified as necessary under such circumstances.
This instruction is designed to be used together with WPI 330.44 (Employment Discrimination—Pregnancy Discrimination—Definition), WPI 330.46 (Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Definition), and WPI 330.45 (Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Burden of Proof).
COMMENT
This instruction is new for this edition.
This instruction is derived from RCW 43.10.005. An employer may not claim undue hardship or request written certification from a health care professional regarding the need for the following accommodations:
  • (i) Providing more frequent, longer, or flexible restroom breaks;
  • (ii) Modifying a no food or drink policy;
  • (iii) Providing seating or allowing the employee to sit more frequently if her job requires her to stand
  • (iv) Providing reasonable break time for an employee to express breast milk; or
  • (v) limits on lifting over seventeen pounds.
RCW 43.10.005(c)(i)–(v).
The phrase “additional employment” in the final paragraph of the instruction is not yet defined by state or case law. Additional instruction may be required.
[Current as of March 2021.]
End of Document