October 11, 2024
EEOC’s Push For Pregnancy Protections Continues
An article in last month’s newsletter reported the EEOC filed six lawsuits alleging employers violated the Pregnant Workers Fairness Act (PWFA). In the first 11 days of October, the agency announced no less than five (5) more lawsuits it filed alleging more violations of the PWFA. Here are a few highlights from each:
- October 11th – an employer agreed to pay $100,000 to settle a lawsuit after it denied an employee leave that her doctor recommended to “recover and grieve” following a stillbirth.
- October 11th – another employer agreed to pay an undisclosed amount when it fired an employee after learning she was pregnant, allegedly because it believed she would need accommodations to perform her job duties.
- October 11th – a third employer entered into a conciliation agreement to settle a claim that it fired a pregnant female H-2A employee and sent her on a bus back to Mexico after she requested unpaid time off to attend medical appointments for her pregnancy.
- October 8th – this employer allegedly fired an employee on her first day of work after she asked to leave new hire training for an urgent medical evaluation related to her pregnancy. This case included a claim the employer also violated the ADA because it perceived the employee to have a disability.
- October 1st – and to kick off the month, the EEOC sued a Maryland employer when the employer told an employee who attempted to return to work following pregnancy leave that no work was available, despite the fact the employer hired new, non-pregnant employes before and after this employee’s attempted return.
Lessons Learned. This seems to be a hot topic on the EEOC’s radar. You can have beautifully drafted policies and procedures for non-discrimination and providing reasonable accommodation. If you don’t follow them, that can give rise to charges and claims. Want to learn more? Join this month’s webcast, “Employee Handbooks: What They Say & What You Do.” Click here for more info.
