EEOC files its first Pregnant Workers Fairness Act lawsuit

Pregnant employee forced to lie on stomach or take unpaid leave

According to the EEOC, the employer violated the PWFA when it failed to accommodate an employee’s known pregnancy-related limitation and subjected her to an unlawful medical inquiry.

The 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 supposedly forced her to take unpaid leave or return to her position without any modifications. It failed to accommodate her even though it could have provided changes like those the company provided for non-pregnant workers with similar limitations.

The company’s decision to deny the accommodation request led her to worry about her pregnancy, the EEOC said, and forced her to resign when nearly eight months pregnant.

The suit also claims that, in response to the employee’s request, the company also unlawfully required medical documentation.

Multiple federal law violations

This alleged conduct violated multiple employment laws, including:

• The PWFA,
• Title VII of the Civil Rights Act of 1964, and
• The Americans with Disabilities Act (ADA).

The EEOC filed suit after first attempting to reach a pre-litigation settlement through the agency’s conciliation process.

Employers beware

The PWFA should be on employers’ radar. This employer has not had its day in court, and the case outcome remains to be seen. The claim, however, serves as a reminder that the law is being enforced, and violations can be costly if PWFA claims are anything like ADA claims.

Kenneth L. Bird, the EEOC’s regional attorney in Indianapolis, said, “This case will educate the public about those protections and help to ensure that employers heed them.”

Unless there’s an undue hardship, employers must provide reasonable accommodations to an employee’s (or applicant’s) known limitation related to, affected by, or arising out of:

• Pregnancy,
• Childbirth, or
• Related medical conditions.

The PWFA also limits when employers may request reasonable medical documentation from employees.

EEOC v. Wabash National Corporation, Western District of Kentucky, No. 5:24-cv-00148, filed September 10, 2024.

Key to remember: Employers are reminded that if they skirt their federal PWFA requirements, they risk claims, which cost time and money.