Understanding the Pregnancy Discrimination Enforcement Activity

January 24, 2025

The Equal Employment Opportunity Commission’s (EEOC) Final Rule to implement the Pregnant Workers Fairness Act (PWFA) went into effect in June 2024. Since then, we’ve seen an uptick in regulatory enforcement of the PWFA. Here’s what you should know:  

Key Provisions of the Pregnant Workers Fairness Act 

The PWFA requires employers to make reasonable accommodations for pregnant workers in a timely manner. In fact, even an unnecessary delay in decision-making related to a reasonable accommodation request may be a violation of the PWFA.  

Other key provisions include:  

  • Employees are not required to accept an accommodation (though this can impact their ability to make a claim against an employer under the PWFA).  
  • Employers are not required to seek supporting documentation from an employee or applicant who requests an accommodation under the PWFA unless certain criteria are met. Specifically, documentation may only be requested when required for the employer to determine whether the employee or applicant has a condition related to pregnancy or related condition and needs a change or adjustment due to the limitation. Notably, it is not reasonable to request supporting documentation if the disability is ‘obvious’ and if the person requesting the accommodation self-attests regarding their condition. So, if the worker appears pregnant, it is likely not reasonable for you to request supporting documentation.  
  • Employers may not deny employment opportunities on the basis of a need to make a reasonable accommodation. 
  • Employers cannot require an employee to take paid or unpaid leave  if there is another effective and reasonable accommodation that can be offered.  
  • Employers may not take adverse action against an employee for requesting or being granted a reasonable accommodation. 

Click here for the EEOC’s summary of the key provisions of the Final Rule.  

Reasonable Accommodations 

What’s ‘reasonable’ when it comes to accommodations will vary depending on your company’s unique facts and circumstances. However, the EEOC does provide a list of possible reasonable accommodations under the PFWA, namely:  

  • Frequent breaks; 
  • Sitting/Standing; 
  • Schedule changes, part-time work, and paid and unpaid leave; 
  • Telework; 
  • Parking; 
  • Light duty; 
  • Making existing facilities accessible or modifying the work environment; 
  • Job restructuring; 
  • Temporarily suspending one or more essential functions; 
  • Acquiring or modifying equipment, uniforms, or devices; and 
  • Adjusting or modifying examinations or policies. 

Lessons From Recent EEOC Enforcement Activity 

The below is a roundup of recent EEOC enforcement activities relating to the PFWA: 

Lago Mar Resort & Beach Club 

Lago Mar agreed to pay $100,000 to a former employee it terminated after she requested leave to recover and grieve following a stillbirth. Under the settlement, Lago Mar will also need to:  

  • Appoint an Equal Employment Opportunity coordinator; 
  • Revise its employment policies, particularly those relating to reasonable accommodation provision; 
  • Provide trainings to all employees; and 
  • Report complaints of discrimination to EEOC. 

Learn more here. 

Sailormen, Inc. (Popeye’s) 

Popeye’s has settled a claim with the EEOC after it fired a pregnant employee when it believed she would need accommodations to perform her job duties, in contravention of the PWFA and Title VII. The Company will need to pay compensation to the former employee, provide training to employees on pregnancy discrimination, appoint an EEO coordinator, and annually report complaints of discrimination.  

Kurt Bluemel, Inc 

The EEOC has filed a lawsuit against Kurt Bluemel, Inc after it allegedly reported that there was no work available to an employee who was attempting to return to work after a maternity leave. Kurt Bluemel, Inc. had reportedly hired new, non-pregnant employees before and after her attempted return, which may make it challenging for it to successfully dispute discrimination claims.  

Polaris Industries Inc.  

The EEOC has filed a complaint against Polaris after it refused to excuse an employee’s absence for pregnancy-related time away from work and required her to work overtime despite a physician restricting her work to at most 40 hours per week. Polaris noted that she would be terminated if she acquired more attendance points (including pregnancy-related attendance). She resigned to avoid termination.  

Urologic Specialists of Oklahoma, Inc 

A medical assistant was denied accommodations including requests to sit, take breaks, and work part time during the final trimester of her high-risk pregnancy. According to the EEOC claim, the medical practice forced her to take unpaid leave, refused to guarantee she would have breaks to express breastmilk, and ultimately fired her when she would not return to work without those guaranteed breaks.  

ABC Pest Control, Inc.  

ABC Pest Control Inc will pay close to $50,000 to a former employee it fired after she requested a reasonable accommodation to attend monthly medical appointments related to her pregnancy. Similar to above settlements, ABC Pest Control will also need to appoint an EEO coordinator, revise its policies, provide training, and report to the EEOC although in this matter its about requests for accommodations.  

Action Items for Business Leaders 

To improve your compliance with the PWFA, we suggest:  

Update Existing Policies 

Revise current policies to incorporate the PWFA’s mandate for reasonable accommodations and prohibit any adverse action tied to accommodation requests. 

Clarify Documentation Protocols 

Minimize documentation requirements, especially if the pregnancy is visibly obvious or the employee attests to the need for accommodations. 

Respond Promptly to Requests 

Establish clear steps to review and approve reasonable accommodations without delay and keep written records of all decisions. 

Provide Targeted Training 

Educate managers and employees about PWFA obligations, including examples of potential accommodations and anti-discrimination safeguards. 

Limit Leave to a Last Resort 

Exhaust other feasible accommodations before placing an employee on paid or unpaid leave. 

Designate an EEO Coordinator 

Appoint an individual to oversee compliance, handle complaints, and deliver regular reports to ensure transparency and accountability. 

Streamline Reporting and Complaint Resolution 

Create easy-to-follow processes for employees to file concerns, investigate them quickly, and track responses for potential EEOC reporting. 

Schedule Periodic Compliance Reviews 

Conduct routine audits to confirm ongoing alignment with the PWFA, revise internal processes as needed, and reinforce leadership responsibilities. 

Disclaimer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the e-mail links contained within the site do not create an attorney-client relationship between CGL and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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