On March 18, 2026, an Ohio jury awarded $22.5 million in a wrongful death lawsuit related to a company’s denial of a pregnant worker’s work-from-home accommodation request, finding that the company’s action was a substantial factor in the death of the employee’s baby.
Quick Hits
- In Larkin v. Total Quality Logistics, LLC, a logistics firm was sued after it denied a work-from-home accommodation request from an employee with a high-risk pregnancy.
- A jury found the accommodation denial contributed to the baby’s premature birth and death.
- The case shows how an accommodation denial may create liability for employers if they aggravate a worker’s medical condition.
Background on the Case
In 2021, a claims associate for a Cincinnati-based logistics firm, Total Quality Logistics, LLC (TQL), was pregnant and required bed rest after a related surgery. When she requested to work from home and provided medical documentation, the company denied the request and placed her on an unpaid leave of absence instead. She quickly resumed work in the office.
About two weeks later, the company reconsidered and granted her request to work from home. The same day, the employee entered very premature labor and gave birth to her daughter. The baby died shortly after being born.
In February 2023, the baby’s estate filed a wrongful death lawsuit in the Hamilton County, Ohio, Court of Common Pleas. A jury awarded the estate $22.5 million on March 18, 2026. The court denied the plaintiff’s request for punitive damages, holding that punitive damages are not available for a “purely wrongful death action.”
Americans with Disabilities Act and Pregnant Workers Fairness Act
There are several obligations and remedies that employers must consider when evaluating a pregnant employee’s requests for accommodation.
Some pregnancy complications may be covered under the Americans with Disabilities Act (ADA), which requires employers to accommodate employees with known physical or mental disabilities. For example, pregnancy accommodations may include remote work, light duty, reduced hours, permission to sit and avoid lifting, and time off to attend prenatal medical appointments.
An employee can bring a failure-to-accommodate claim if the accommodations offered do not reasonably allow the employee to perform the essential functions of their job with the established medical restrictions of the employee. An employee also can sue under the ADA if an employer’s delay in an accommodation decision is unreasonable, is unjustified, or causes a breakdown in the interactive process.
In addition, the Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions, even when the pregnancy does not qualify as a disability under the ADA. The PWFA is more expansive in the right to accommodation for pregnant employees. For example, a pregnant employee may be entitled to temporarily removing essential functions of her position. Employers are prohibited from harassing, discriminating against, or retaliating against a worker for requesting an accommodation under the ADA or the PWFA.
To legally justify denying a reasonable accommodation request, an employer must demonstrate the accommodation would impose an undue hardship, meaning a substantial cost or difficulty, as determined by factors such as the nature and cost of the accommodation, the employer’s financial resources, and the impact on business operations.
Next Steps
The employer in this case may appeal the judgment. Nonetheless, this case shows how an employer can be held liable for negligence or wrongful death if its accommodation denial results in an aggravated medical condition, injury, or death. The eight-figure jury award here is far from typical in litigation concerning pregnancy accommodations in the workplace, but it serves as a reminder that the stakes of these employment decisions are very high, and mistakes can lead to significant consequences for both employee and employer.
Thus, employers may wish to train supervisors on the accommodation process and what is required under the PWFA and the ADA. Employers also may wish to carefully document their legitimate business reasons for denying any accommodation requests. If an employer applies its attendance, remote work, and accommodation policies consistently and fairly, it may reduce the risk of discrimination claims based on gender, age, and other protected characteristics.
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This article was co-authored by Leah J. Shepherd
