EEOC Enforces Pregnant Workers Fairness Act

EEOC Enforces Pregnant Workers Fairness Act

According to an article by Mintz, the Equal Employment Opportunity Commission (EEOC) has begun enforcing the Pregnant Workers Fairness Act (PWFA), with its final rule issued in April 2024. In September 2024, the EEOC filed its first lawsuit under the PWFA and settled a case against an employer who terminated a pregnant employee for requesting accommodations to attend medical appointments. These legal actions highlight employers’ obligations under the PWFA.

In EEOC v. Wabash National Corporation, the EEOC alleged the employer violated the PWFA by failing to accommodate a pregnant worker’s request for a role change due to her condition. The employer required her to take unpaid leave or return to her position without modifications, forcing her to resign. The settlement in EEOC v. ABC Pest Control, Inc. involved paying $47,480 in damages after the company terminated a pregnant worker for requesting accommodations.

The EEOC also filed lawsuits against Polaris Industries and Urologic Specialists of Oklahoma for failing to accommodate pregnant employees under the PWFA and ADA. 

The article highlights key takeaways for employers, including prohibitions against forcing pregnant workers into unpaid leave when accommodations are possible and the importance of engaging in the “interactive process” to identify reasonable accommodations. 

Employers should ensure their policies comply with the Pregnant Workers Fairness Act and provide proper training to management and HR staff. The PWFA offers broader protections than the ADA, requiring reasonable accommodations even when an employee cannot perform essential functions temporarily and limiting requests for medical documentation. 

Employers must also consider state and local laws protecting pregnant workers and seek legal advice before denying accommodations.