EEOC steps up Pregnant Workers Fairness Act enforcement

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of Federal Regulations in April and become effective in June. This fall, the EEOC has jumped full into the enforcement of the PWFA regulations with multiple lawsuits.

Manufacturer sued for denying accommodations

One of the EEOC’s PWFA lawsuits involves a manufacturing company in the Northern District of Alabama. According to the EEOC, the manufacturer refused to excuse an employee’s absence for pregnancy-related conditions and medical appointments and required her to work mandatory overtime while pregnant. Apparently, the employee had been medically restricted from working more than 40 hours per week during her pregnancy. She was, however, assessed attendance points for pregnancy-related absences and was specifically told she would be terminated if she had additional lost time.

According to Marsha Rucker, regional attorney for the EEOC’s Birmingham district, “It is also illegal under the PWFA to take adverse action against an employee requesting a reasonable accommodation related to pregnancy, childbirth or related medical conditions of that employee. The EEOC will diligently pursue remedies for individuals whose employers denied them the protections that the PWFA offers.”