EEOC has 3-1 Democratic majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term. The November election results will determine what happens next for the EEOC.

EEOC has received nearly 2,000 charges under PWFA

The EEOC has received 1,869 charges from employees alleging their employers failed to provide accommodations required by the Pregnant Workers Fairness Act (PWFA) as of September 11, 2024. According to EEOC General Counsel Karla Gilbride, most of the charges involve employers refusing to provide or delaying accommodations by unnecessary medical documentation, and that is the case with the first PWFA lawsuit filed by EEOC.

Although the EEOC’s PWFA regulations require employers to provide reasonable accommodations for employees’ abortions, Gilbride wasn’t aware of any charges being filed with the EEOC over failure to accommodate abortions. Instead, most charges involve employees being denied “basic, common sense” accommodations such as water breaks, places to pump breast milk, and permission to come in late because of morning sickness.