A jury has ordered Total Quality Logistics to pay $22.5 million in a wrongful-death lawsuit after the company denied a pregnant employee’s request to work from home despite medical advice, raising broader questions about workers’ rights to remote work.
The woman later gave birth prematurely, and the baby died.
The case highlights growing tension over remote-work requests as more employers push for full-time office returns following the COVID-19 pandemic.
What Happened in the Case of Chelsea Walsh at Total Quality Logistics?
A Cincinnati-area jury found TQL negligent in the 2021 death of Magnolia Walsh, who was delivered after 20 weeks and lived only a few hours.
Magnolia’s mother, Chelsea Walsh, experienced a pregnancy complication that required an emergency procedure intended to preserve the pregnancy.
Walsh requested to work remotely, but the company denied the request. Instead, she was required to return to the office and was later placed on unpaid leave against her wishes.
Can My Boss Require Me to Come In While Pregnant?
The case raises a key question: what happens when employees say they can work from home, but employers refuse?
Pregnant workers may have more legal protection than others, according to Anne Lofaso, a University of Cincinnati law professor specializing in labor and employment law.
Law Protects Pregnant Workers, But Not Always Remote Work
The Pregnant Workers Fairness Act, which took effect in June 2023, requires employers to provide “reasonable accommodations” for pregnancy-related limitations.
According to the National Women’s Law Center, employees do not need to use specific wording, submit a written request, or provide a doctor’s note to seek accommodations. They only need to inform their employer that a pregnancy-related condition affects their work and request a reasonable adjustment.
However, the law does not guarantee remote work. Employers may offer alternative accommodations as long as they are considered reasonable, Lofaso said.
Expert Says Most Employees Still Have Limited Leverage
Outside of pregnancy, disability, or union agreements that include remote-work provisions, most employees do not have greater rights to demand remote work than they did before the pandemic, she said.
New guidance from the U.S. Equal Employment Opportunity Commission issued in February reinforces that telework is not automatically required as an accommodation. Employers can still require employees to return to the office, even if remote work was previously allowed.
‘Be Polite and Patient’ When Negotiating
“They have the power,” Lofaso said, noting that most employees are at-will and can be terminated for any lawful reason.
She advised workers seeking remote arrangements to approach discussions carefully.
“Be polite and patient. You’re not entitled to it in general, so demanding it would probably backfire.”
Most workers, she added, “are fungible.”
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