The U.S. Equal Employment Opportunity Commission (EEOC) is making it clear that supporting employees during pregnancy is a growing workplace priority. Under its latest Strategic Enforcement Plan that launched in June, the agency is aggressively targeting workplace failures to accommodate pregnancy-related limitations. They are actively targeting companies of all sizes with over 15 employees, and recent federal filings reveal that traditional, rigid HR policies are no longer legally defensible under the Pregnant Workers Fairness Act (PWFA). To protect your organization from costly litigation, HR leaders must shift from a "leave-first" mindset to an active, flexible accommodation process, focusing on having an open conversation, understanding the employee’s needs, and exploring reasonable accommodations that can help them continue working when possible.
Recent EEOC lawsuits highlight the different legal risks that may arise when an employee becomes pregnant, discloses their pregnancy to the employer, requests a workplace modification, or experiences a pregnancy-related medical condition.
A steel company faced a lawsuit for placing a pregnant mining equipment operator on involuntary, unpaid leave rather than evaluating whether her duties could be adjusted or modified. This is a direct violation of the PWFA, which prohibits forcing leave when accommodation is possible. A supermarket chain was sued under the PWFA because they allegedly fired a nursing mother and cake decorator who just requested to keep a water bottle at her workstation.
Employers should be advised that denying minor, zero-cost requests can trigger severe federal litigation, especially as the threshold for undue hardship changes. Just in the last two months, several new lawsuits have emerged, including a lawsuit settled with the EEOC regarding an employer's refusal to accommodate a pregnant nurse’s request for travel reduction that ultimately forced her to resign. A construction company is in an active lawsuit with the EEOC for terminating a sales employee less than two weeks after learning she was pregnant. The employer cited policy violations and low home sales as the reasons for termination. However, the agency says the employee had previously been told that she was doing a good job and that they retained a male employee who had a similar period of employment and comparable performance.
Additionally, there is a case where a manufacturing company disciplined an assembly employee under its attendance policy for absences connected to pregnancy-related medical conditions as well as chronic mental health conditions, which violated the ADA, FMLA protections, Title VII, as well as the PWFA. These cases show that employers face significant financial and reputational consequences when they fail to properly follow the PWFA and handle pregnancy-related accommodation requests correctly.
To help mitigate risk and foster a supportive workplace where employees feel supported and accommodated through pregnancy, HR teams must audit and adjust their internal workflows focusing on these steps:
Engage in the Interactive Process: Treat PWFA requests with the same formal, collaborative approach used for Americans with Disabilities Act (ADA) accommodations. Document every conversation and explore workable solutions in good faith.
Eliminate Involuntary Leave Defaults: Try not to place an employee on leave if a reasonable, on-the-job modification exists. Leave should only be a last resort when no other accommodation protects the worker's health and operational safety.
Train Frontline Managers: Supervisors are the first line of defense. HR must train managers to recognize PWFA requests. They must understand that minor requests such as sitting, extra restroom breaks, or schedule tweaks cannot be flatly denied without HR consultation.
Review Lactation Policies: The PWFA protects postpartum needs. Ensure your organization provides clean, private spaces that are not a restroom, sufficient break time for nursing mothers, and an opportunity to safely store milk, whether a personal cooler or company-provided fridge. This should be alongside a culture that respects these needs.
Don't retaliate. Don’t assume. Don't joke: An employee who shares a pregnancy-related limitation or requests an accommodation should not suddenly face increased scrutiny, unfavorable scheduling, reduced responsibilities, or other negative treatment. Don’t make assumptions that pregnancy will make an employee less committed, less capable, or more likely to leave the organization or that a pregnant employee cannot travel, work a certain schedule, perform physically demanding duties, or handle a challenging assignment. Avoid pregnancy-related comments, as what may seem like an offhand comment or routine management decision can look very different when viewed alongside a pregnancy disclosure or accommodation request.
PWFA compliance requires proactive flexibility rather than a passive policy. As the EEOC continues its aggressive litigation strategy, ignoring minor accommodation requests or forcing pregnant employees out of the workplace carries high financial and reputational costs. HR leaders and organizations should review their pregnancy accommodation workflows today to ensure supervisors and managers are prepared to accommodate employees, instead of denying requests or terminating them.
Sources: mcafeetaft.com; eeoc.gov; Ogletree.com; wpr.org