The Equal Employment Opportunity Commission (EEOC) has commenced enforcement of the Pregnant Workers Fairness Act (PWFA) following the release of its final rule and interpretative guidance in April 2024. We previously offered an in-depth overview of the PWFA, the EEOC’s final rule and guidance, as well as key takeaways for employers. Last month, the EEOC filed its first three lawsuits under the PWFA and announced a settlement with a fourth employer regarding a pregnancy discrimination claim, where an employee was terminated after requesting an accommodation for medical appointments. These cases underscore the obligations of employers under the PWFA and the EEOC’s commitment to enforcing these responsibilities.
EEOC v. Wabash National Corporation: In a lawsuit filed on September 10, 2024, in the Western District of Kentucky, the EEOC alleges that Wabash National Corporation, a major manufacturer of semi-trailers and commercial trucking equipment, violated the PWFA by not accommodating an employee’s known pregnancy-related limitation. Despite claiming to offer similar accommodations to non-pregnant workers with comparable limitations, the employer allegedly: (1) denied a pregnant assembly line worker’s request to transfer to a role that did not require lying on her stomach, (2) failed to engage in a dialogue to identify alternative accommodations, (3) forced the employee to either take unpaid leave or return to her unmodified position, and (4) unlawfully demanded medical documentation, ultimately leading to the employee resigning eight months after her accommodation request.
EEOC Settlement with ABC Pest Control, Inc.: On September 11, 2024, the EEOC announced a settlement with ABC Pest Control, resolving a discrimination charge that involved the termination of a pregnant employee after she requested reasonable accommodations for monthly medical appointments. Under the settlement, the employer agreed to: (1) pay $47,480 in damages to the former employee, (2) appoint an Equal Employment Opportunity (EEO) coordinator, (3) update its policies to include reasonable accommodations under the PWFA, (4) provide training to both management and staff, and (5) submit quarterly reports on accommodation requests and discrimination complaints to the EEOC.
EEOC v. Polaris Industries, Inc. and Urologic Specialists of Oklahoma, Inc.: On September 26, 2024, the EEOC filed two additional lawsuits in the Northern Districts of Alabama and Oklahoma, enforcing the PWFA and the Americans with Disabilities Act (ADA). Both cases involved allegations of failing to accommodate employees due to pregnancy-related conditions.
In EEOC v. Polaris Industries, the commission claimed that the PWFA and ADA were violated when the employer: (1) refused to excuse a pregnant employee’s absences for medical appointments and conditions, (2) required her to work mandatory overtime despite her healthcare provider’s restrictions, (3) penalized her attendance with “points,” and (4) ultimately led her to resign due to these pressures.
In EEOC v. Urologic Specialists of Oklahoma, the EEOC alleged that the medical practice violated the PWFA and ADA by not allowing a medical assistant to take necessary breaks, sit during shifts, or work part-time, as advised by her physician for her high-risk pregnancy. The employer instead forced the employee to take unpaid leave and subsequently terminated her when she refused to return without guaranteed breaks to express breastmilk.
Although these lawsuits are still in their early stages, they offer two key employer takeaways regarding the PWFA, prohibition of forced leave and engagement in the interactive process. Prohibition of forced leave: The PWFA prohibits employers from placing pregnant employees on leave when reasonable accommodations are available. The EEOC suggests various alternative accommodations, such as allowing employees to sit or take breaks. Engagement in the interactive process: Employers must actively engage in discussions to explore potential accommodations. While they aren’t obligated to grant the requested accommodation, they must be reasonable in their responses and cannot deny accommodations without proper consideration.
What Should Employers Do Now?
1. Review Policies and Training: Ensure that policies comply with the PWFA and that the accommodation review process is up-to-date. Employers are urged to revise policies to protect pregnant employees.
2. Train Management and HR: Management and HR should be knowledgeable about the PWFA and how to address accommodation requests appropriately, including understanding limitations on medical documentation requests.
3. Establish an Interactive Process: Employers should have a clear process in place for handling accommodation requests to comply with the PWFA and implement best practices.
4. Stay Informed on State and Local Laws: Employers should also be aware of any relevant state or local laws that provide additional protections for pregnant workers.
5. Consult Legal Counsel: Employers should exercise caution when addressing accommodation requests from pregnant employees and seek legal advice before denying any requests or taking adverse actions.
By taking these steps, our DC employment lawyers know that employers can better navigate their obligations under the PWFA and support pregnant employees in the workplace.