EEOC begins PWFA offensive

November 2024 employment law letter

Authors:

Michael P. Maslanka, UNT-Dallas College of Law

The Pregnant Workers Fairness Act (PWFA) is now part and parcel of your life. The Equal Employment Opportunity Commission (EEOC) isn’t shy about reminding you of this fact.

EEOC lawsuit on stillbirth

Wilda Jean Louis worked for Lago Mar Properties when she suffered a stillbirth. To recover, she asked for six weeks of unpaid leave. Her employer rejected the request. The EEOC, per the federal regulations for the PWFA, asked one question: Could she perform her essential job functions with a reasonable accommodation (i.e., six weeks of leave)?

The EEOC concluded Louis could and that Lago Mar could accommodate her without enduring an undue hardship, so it filed suit on her behalf.

Company settles

Rather than go to trial, Lago Mar agreed to settle. Although the company denied wrongdoing, it nonetheless had to enter into a 23-page consent decree, approved by a federal judge, and pay money to Louis, including $92,080 in compensatory damages for mental anguish and $7,920 in back pay.

In addition, the consent decree requires the employer to:

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