As our office previously reported, the Pregnant Workers Fairness Act (“PWFA”) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (“EEOC”) began accepting charges at that time, even though it had not issued any regulations. It was not until April 15, 2024, that the EEOC issued its final (and expansive) regulations to implement the PWFA. Despite several legal challenges, the PWFA remains in effect for most employers. As such, employers should ensure they are familiar with their obligations under the PWFA.

On December 18, 2024, the EEOC took an unusual approach to enforcement and issued guidance entitled “Helping Patients Deal with Pregnancy – and Childbirth – related Limitations and Restrictions at Work Under the Pregnant Workers Fairness Act.” The guidance, according to the EEOC, “addresses the role of health care providers in helping a patient to obtain accommodations” under the PWFA. It also makes it clear that the EEOC considers the PWFA a top priority.

In addition to issuing the above-referenced guidance, the EEOC has initiated multiple lawsuits against employers under the PWFA, demonstrating its commitment to enforcing the PWFA and ensuring that employers provide reasonable accommodations as required by the law.

Employers can take away valuable insights from the cases that the EEOC has brought thus far, although many of them are still in the early stages of litigation:

  • In one case, the EEOC alleged that an employer had failed to accommodate an employee who experienced a stillbirth. The employee had provided a doctor’s note stating that she could not return to work for “approximately six (6) weeks to recuperate and to grieve.” However, a day after receiving the note, the employer terminated the employee without engaging in the interactive process. The settlement included over $100,000 in damages and required implementation of training and appointment of a third-party equal employment opportunity coordinator.
  • In another case, a plant nursery failed to provide reasonable accommodations to a pregnant employee whose duties included moving potted plants and preparing plants to be loaded onto trucks. She experienced fatigue, dizziness, and headaches while performing manual labor. She requested leave and invited the employer to provide feedback on the return date, but the employer did not respond or engage in the interactive process. When she tried to return to work after giving birth, the employer “told her that no work was available” before hiring additional laborers.
  • A new employee at an assembly facility, who notified the employer at orientation that she was pregnant, was not excused for absences due to her pregnancy-related conditions and medical appointments and was required to work overtime despite medical orders not to. Because she was not eligible to accrue paid time off until after a sixty-day probationary period, the employer assessed attendance points against her when she missed work for her medical appointments. She eventually resigned in order to avoid being fired. The employer also denied the employee’s temporary accommodation request not to work overtime despite a note from her doctor stating that she needed to be restricted to work a maximum of forty hours per week. A human resources manager informed the employee that “overtime is an essential function of the position.” The EEOC filed suit against the employer, alleging claims under the PWFA for failure to provide a reasonable accommodation and constructive discharge.
  • The EEOC filed a lawsuit against a medical practice, alleging that it refused to provide reasonable accommodations to a medical assistant dealing with a high-risk pregnancy, forced her to take unpaid leave, refused to provide lactation breaks after the birth of her child, and eventually terminated her employment.
  • The EEOC recently announced that it had entered into a conciliation agreement with a company that fired a pregnant employee after she requested an accommodation to attend monthly medical appointments. As part of the settlement, the company agreed to pay the employee nearly $50,000 in damages, provide training to its employees, make quarterly reports, revise its policies, and appoint a new equal employment opportunity coordinator.

These cases demonstrate that the EEOC is determined to hold accountable employers that place pregnant employees on unpaid leave if other reasonable accommodations are available. Other themes include the importance of engaging in the interactive process and ensuring that certain policies are not rigidly applied to workers protected by the PWFA when an exception might be warranted (for instance, permitting a new worker who has not yet accrued any time off to take time off, without penalty, to attend her prenatal care appointments).

Employers should ensure that they are familiar with the requirements of the PWFA, as the EEOC continues its enforcement actions. If you have any questions about your obligations under the PWFA, please contact one of the Labor and Employment Law attorneys at FGKS Law.