The U.S. Equal Employment Opportunity Commission (EEOC) has recently intensified its focus on enforcing the Pregnant Workers Fairness Act (PWFA), a critical development for employers nationwide. In September, the EEOC filed its first three lawsuits against companies accused of violating the PWFA. These cases underscore the importance of accommodating medical conditions related to pregnancy, which is now a federal requirement.
Key Violations Under PWFA
The EEOC's lawsuits highlight significant employer failures to accommodate pregnant employees, including:
- Failure to Adjust Job Duties: In one case, an eight-month pregnant employee was forced to continue performing labor-intensive tasks that required lying on her stomach—despite her doctor’s orders to avoid such strenuous activity.
- Denial of Breastfeeding Accommodations: Another lawsuit alleges that an employer refused to accommodate an employee’s medically necessary requests, including expressing breast milk after returning from maternity leave.
These legal actions serve as a wake-up call for businesses to review their policies regarding pregnant workers and ensure they are in compliance with the PWFA. Under this law, employers must provide reasonable accommodations for employees’ pregnancy, childbirth, and related medical conditions unless it poses an undue hardship.
What Employers Should Do Now
With the EEOC signaling that PWFA enforcement is a top priority, employers should take immediate steps to stay compliant. Here are some actionable tips:
- Review Policies: Ensure that your workplace policies regarding pregnancy and childbirth accommodations align with federal requirements.
- Train Managers: Educate managers and HR personnel on the importance of providing reasonable accommodations, including time for breastfeeding or adjusted work duties.
- Consult Experts: Engage professionals to conduct a compliance audit and ensure your company’s practices meet PWFA standards. (Check out our PWFA Webinar here!)
Ignoring the new enforcement priorities could result in costly litigation and reputational damage. Stay ahead by proactively addressing the needs of pregnant employees.
PWFA Fact Page on the EEOC's official website.
✴️Need help keeping your organization compliant? Contact us!
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