September 27, 2024
Full Steam Ahead – EEOC Presses Enforcement of Pregnant Workers Fairness Act
The EEOC announced no fewer than six (6) lawsuits it filed in September against employers alleging pregnancy discrimination. Of those six, at least four alleged violations of the Pregnant Workers Fairness Act.
- The first PWFA lawsuit filed by the EEOC was on September 10th. An employer allegedly denied a pregnant employee’s accommodation request to transfer to a role that did not require lying on her stomach. Instead, the company forced her to take unpaid leave, gave her the choice to return to her position without modification, and the employee felt forced to resign.
- The next day, on September 11th the EEOC and another employer entered into a conciliation agreement after an employee alleged the employer fired her after she requested a reasonable accommodation. The employer will provide $47,480; (2) appoint an EEO coordinator; (3) revise its employment policies to include making reasonable accommodations under the PWFA; (4) provide training to both management and non-management employees; and (5) provide quarterly reporting on requests for accommodations and complaints of discrimination.
- On September 26th, the EEOC filed suits against two more employers alleging they also failed to provide reasonable accommodation in violation of the PWFA.
- The next day, on September 27th another employer agrees to pay $46,500, provide its employees with annual training, make policy revisions, and more.
Pitfalls to avoid.
- Leave is considered by some (courts) to be an accommodation of last resort. If you cannot reasonably accommodate an employee in the current position, consider any vacant position for which the employee meets the minimum qualifications.
- Many of these suits allege violations of other laws including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Check out this news story for an example.
