EEOC lawsuits signal increased scrutiny of pregnancy discrimination

The Equal Employment Opportunity Commission (EEOC) continues to signal that pregnancy discrimination and pregnancy accommodation practices remain important agency enforcement concerns. First, on June 4, 2026, the EEOC adopted its new National Enforcement Plan for fiscal years 2025 through 2029. The plan specifically identifies cases that may help develop and define the scope of employer liability under the Pregnant Workers Fairness Act (PWFA) as an enforcement priority. Second, it recently filed two lawsuits (including one against an Oklahoma employer) highlighting 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.

Pregnancy-related laws

Pregnancy-related employment issues can implicate several federal laws. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex and, as amended by the Pregnancy Discrimination Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Title VII applies to all terms and conditions of employment, including hiring, compensation, assignments, promotion, discipline, reduction in hours, and termination. It may also apply when an employer treats a pregnant employee less favorably than other employees who are similarly situated in their ability or inability to work.