EEOC Sues Two Employers Under the Pregnant Workers Fairness Act

WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits against two companies to enforce the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), the federal agency announced today.

“No pregnant worker should have to choose between their health and earning a living to support their family,” said EEOC General Counsel Karla Gilbride. “The PWFA requires that when an employee needs a modification at work because of their pregnancy or a related condition and the employer becomes aware of that need, the two must work together to try to find a solution. When employers apply inflexible policies that drive pregnant workers out of the workplace rather than engaging in this interactive process, the EEOC will step in to defend workers’ rights under this new law.”

The EEOC filed:

• EEOC v. Polaris Industries, Inc., Case 5:24-cv-1305 in U.S. District Court for the Northern District of Alabama. The agency filed against the manufacturing company after Polaris refused to excuse an employee’s absences for pregnancy-related conditions and medical appointments, and required her to work mandatory overtime despite knowing that her physician had restricted her from working over forty hours per week during her pregnancy. Because of her pregnancy-related absences, the company assessed attendance points against her and warned that she would be terminated if she acquired another point. As a result, the employee resigned to avoid termination and protect her pregnancy.
  • “Employers should be on notice that since June 27, 2023, it has been illegal under the PWFA to deny reasonable accommodations to employees with known limitations related to their pregnancy, even if the employee is temporarily unable to perform an essential function of her job, provided that she will be able to perform that function in the near future,” said Marsha Rucker, regional attorney for the EEOC’s Birmingham District. “It is also illegal under the PWFA to take adverse action against an employee requesting a reasonable accommodation related to pregnancy, childbirth or related medical conditions of that employee. The EEOC will diligently pursue remedies for individuals whose employers deny them the protections that the PWFA offers.”
• EEOC v. Urologic Specialists of Oklahoma, Inc., Case 4:24-cv-0452 in U.S. District Court for the Northern District of Oklahoma. The agency filed against the specialty medical practice when it did not allow a medical assistant at its Tulsa facility to sit, take breaks, or work part-time as her physician said was needed to protect her health and safety during the final trimester of her high-risk pregnancy. Instead, the practice forced her to take unpaid leave and refused to guarantee she would have breaks to express breastmilk. When she would not return to work without those guaranteed breaks, Urologic Specialists terminated her.
  • “A pregnant employee does not have to risk her health and safety just to keep her job,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District. “Federal law requires employers to reasonably accommodate pregnant employees absent an undue hardship. The EEOC will continue to vigorously protect expectant and new mothers in the workplace.”

These companies’ alleged conduct violated the PWFA, which requires employers to provide reasonable accommodations for employees who are pregnant, have recently given birth, or have related medical conditions. Urologic also violated the ADA by not providing reasonable accommodation to an employee with a disability, the EEOC alleged. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its administrative conciliation process in each of the cases.

The PWFA went into effect June 27, 2023; resources for employees, employers, and healthcare providers are available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act.

This month the EEOC announced the first lawsuit alleging a violation of the PWFA and first public conciliation of a PWFA charge. For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.