$22.5 Million Lawsuit: The Pregnancy Accommodation Breakdown Behind It
A delayed pregnancy accommodation request and no documented workflow helped lead to a $22.5 million Ohio jury award.
A Hamilton County, Ohio jury returned a $25 million verdict on March 18, 2026, assigning 90% fault to the employer (about $22.5 million), in a pregnancy remote-work accommodation case where the request sat for weeks with no record anyone checked whether remote work was doable (per HRMorning; WLWT court docs).
This verdict is not a remote-work story. It is what happens when nobody was in charge. The request landed in someone’s inbox. Nobody was accountable for the accommodation decision, nothing had a date on it (per case reporting), and nobody wrote down why leave was the answer instead of a short-term remote arrangement. That empty record is where someone else’s attorney builds the timeline.
Decide before pushing someone to take leave
The failure starts before anyone picks up the phone. A physician’s note lands in the shared inbox, and the first person who touches it sends it straight to leave before anyone checks whether the employee could keep working with a schedule change or a reassignment. Title VII, as amended by the Pregnancy Discrimination Act, requires women affected by pregnancy-related conditions to be treated the same as others similar in their ability to work. Run these three checks before leave becomes the default answer.
Three Response Paths
Not sure which path fits your open requests?
We sit down with clients and walk through pending accommodation files one at a time. Most find at least one case where leave became the default because nobody mapped the other two options first.
Put one person in charge of the file
The first thing we look at in any accommodation dispute is the request file. On our side, every leave request gets tracked in our system with a name, a date, and automatic reminders so nothing sits in a shared inbox. When that kind of tracking doesn’t exist, you’re left with an email thread and a leave packet with nobody’s name on it and no dates. Those two gaps decide most accommodation cases, because shared inboxes create “everybody saw it, nobody owned it.”
Request File: What Goes In It
Give yourself 72 hours to make the decision
We use a 72-hour internal clock because the requests that fall apart are the ones that sit for a week while two people think the other one is handling it. By the end of hour 72, one person is handling it, the restriction is written in plain English in the file, and the next step has a due date. That is the minimum to show you treated the request as a priority.
(Note: The 72-hour timeline is an internal operational best practice, not a statutory deadline.)72-Hour Timeline
Self-Diagnostic
Pull your accommodation request files from the last 90 days. Open each one and look for these three gaps:
Any one of those gaps is exactly what a plaintiff’s attorney will point to. If the file can’t tell the story, you’ll have to.
What we set up to handle these requests
Most employers we work with do not have a bad policy. They have things getting dropped between people. If your system shows requests with no name on them or no decision date, here is what we build to close those gaps. We set it up so one person handles each request from start to finish, with dates on everything and a written explanation at every step.
- Request tracking and system setup: A request form that assigns a tracking number automatically, names who’s handling it, and sets a 72-hour deadline in your HR Cloud so you can prove every step was documented.
- Manager guide: Clear instructions that tell your managers when to send a request to HR, what questions they can answer themselves, and what they should never decide alone. So managers know the three things they answer and the one thing they do not decide without HR in the loop.
- Job description review: We make sure every role has a current, dated job description on file so your team can pull it the day a doctor’s note arrives, not two weeks later when the case is already in dispute.
- Payroll and benefits checklist: A change-log linked to the employee’s file so payroll and benefits don’t get out of sync when leave starts, changes, or ends.
For the compliance side, our compliance support and HR Cloud documentation tie directly to the steps in this article. Contact VertiSource HR to request the pregnancy accommodation request template. It includes the tracking number setup, the person-in-charge assignment, and the 72-hour response calendar.
Still handling accommodation requests over email?
We walk you through the setup: who’s in charge, the request form, and the 72-hour calendar. One session to build, then the workflow runs on its own.
Frequently Asked Questions
Can we deny a remote work pregnancy accommodation if our policy prohibits remote work?
Yes, a policy can set expectations, but it does not replace a documented accommodation decision when the request is medically framed. Under the PWFA, covered employers with 15+ employees may have to provide a reasonable accommodation and may not force leave if another accommodation would allow the employee to keep working. Next step: document the job duties you reviewed and your dated explanation in the employee’s file.
Does the Pregnant Workers Fairness Act apply to us if we have 20 employees?
Yes. The PWFA applies to covered employers with 15 or more employees, effective June 27, 2023, with the EEOC’s final regulation effective June 18, 2024. Next step: confirm your request form captures who’s handling it, what the restriction is, and a dated explanation.
Can we require an employee to take FMLA leave instead of granting a pregnancy accommodation?
No, not as the default. FMLA eligibility generally requires 12 months of employment and 1,250 hours worked in the prior 12 months, plus a covered employer size and location threshold, and the PWFA also says you cannot force leave if another reasonable accommodation would keep the employee working. Next step: run the 3-lane decision and document why you chose leave vs. accommodation.
Featured Takeaway
The jury assigned 90% fault to the employer’s handling of the request, roughly $22.5 million of a $25 million total award. The reported failure was not just the denial. It was the absence of any record showing someone evaluated whether remote work could have worked before the request was pushed into leave (per HRMorning; WLWT court docs).
Chelsea Walsh had a high-risk pregnancy in 2021. Her physicians recommended modified bed rest and remote work. TQL did not approve remote work initially and directed her toward leave. The company approved work from home only after outside intervention, on the same day Walsh delivered prematurely at 20 weeks and 6 days. Magnolia Walsh did not survive. TQL has said it disagrees with the verdict and is evaluating legal options including a possible appeal (per HRMorning; WLWT).
These events happened two years before the Pregnant Workers Fairness Act (PWFA) took effect June 27, 2023. Under the PWFA, any employer with 15 or more employees must evaluate whether a reasonable accommodation exists before putting an employee on leave. Ohio independently prohibits pregnancy discrimination. When a request arrives with a physician’s restriction, check whether the ADA also applies, not just the PWFA.
Case details from HRMorning; public case record: Andrew Larkin, Esq., Administrator of the Estate of Magnolia Walsh v. Total Quality Logistics, LLC, et al., Case No. A2300752, Hamilton County, Ohio (verdict March 18, 2026). General guidance only, not legal advice.
Disclaimer: This content is for general informational and educational purposes only and does not constitute legal, tax, accounting, or professional advice. Consult a qualified attorney or licensed advisor before making employment, payroll, or compliance decisions. VertiSource HR disclaims all liability for actions taken or not taken based on this material.
