Just months after finalizing its rule to implement the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against multiple employers accused of violating the law.
– The EEOC has filed several lawsuits under the PWFA, signaling its strong commitment to addressing pregnancy discrimination and ensuring that employers provide reasonable accommodations for pregnant workers.
– The PWFA, which took effect on June 27, 2023, mandates that covered employers offer reasonable accommodations for pregnancy-related conditions.
Recent PWFA Enforcement Actions
1. EEOC v. Kurt Bluemel, Inc.
On September 30, 2024, the EEOC filed a lawsuit against Kurt Bluemel, Inc., a wholesale plant nursery in Maryland, for allegedly failing to accommodate a pregnant employee in violation of the PWFA and Title VII of the Civil Rights Act of 1964.
According to the lawsuit, the employee had worked at the company since 2017 and became pregnant in the spring of 2023. As her pregnancy progressed, she struggled with fatigue, dizziness, and headaches while performing physical tasks. She requested leave from August 2023 to January 2024 due to her pregnancy-related physical limitations but received no response from her employer. After she stopped working in September 2023, she gave birth, but when she attempted to return to work in December 2023, the company claimed no work was available, despite hiring additional staff.
The suit seeks an order requiring the employer to adopt nondiscriminatory practices and award damages for both past and future pecuniary losses, emotional distress, and punitive damages.
2. EEOC v. Polaris Industries, Inc.
The EEOC also filed suit on September 25, 2024, against Polaris Industries, Inc., a manufacturing company, in the U.S. District Court for the Northern District of Alabama. The lawsuit alleges that the company violated the PWFA by failing to accommodate a new employee’s pregnancy-related medical needs.
The employee, who had disclosed her pregnancy during orientation, was reportedly denied leave for medical appointments and required to work overtime despite a doctor’s note limiting her to a 40-hour workweek. The company allegedly assessed attendance points for absences related to her pregnancy, and she resigned after being informed that overtime was an essential job function.
3. EEOC v. Urologic Specialists of Oklahoma, Inc.**
Also on September 25, 2024, the EEOC filed a lawsuit against Urologic Specialists of Oklahoma, Inc., a medical practice. The lawsuit claims the company refused to accommodate a medical assistant with a high-risk pregnancy by denying her requests for sitting breaks and light-duty work. Furthermore, after her child was born, the employer allegedly denied her the ability to take lactation breaks and forced her onto unpaid leave, ultimately terminating her employment.
The EEOC accuses the employer of violating both the PWFA and ADA, asserting that the company acted with “malice or with reckless indifference” to the employee’s federally protected rights.
4. EEOC v. ABC Pest Control, Inc.**
On September 11, 2024, the EEOC reached a conciliation agreement with ABC Pest Control in Florida to resolve a pregnancy accommodation charge. The agency had alleged that the company unlawfully terminated a pregnant employee who had requested accommodations for medical appointments. Under the settlement, the company agreed to pay nearly $50,000 in damages, provide training for employees, revise its policies, and appoint a new EEO coordinator.
Key Takeaways
While these enforcement actions are still in the early stages, they offer insight into how the EEOC interprets the PWFA and the types of employer practices the agency is targeting. Notably, the EEOC is focused on ensuring that employers provide reasonable accommodations for pregnant workers and engage in the required interactive process. The agency is also holding employers accountable for practices that punish or disadvantage employees for pregnancy-related absences or missed time due to medical appointments.
Our DC Employment Layers recommend employers should review their policies and procedures for providing workplace accommodations to ensure compliance with the PWFA. Additionally, training for HR professionals and managers on the new protections for pregnant employees may be necessary to prevent future violations.