New England Biz Law Update
The U.S. Equal Employment Opportunity Commission has recently taken significant actions to enforce federal protections against pregnancy discrimination, which underscore the agency’s commitment to upholding the rights of pregnant workers under Title VII of the Civil Rights Act and the Pregnant Workers Fairness Act.
Here is a look at the recent enforcement actions:
Refusal to reinstate after maternity leave
In a recent settlement, a Maryland-based plant nursery agreed to pay $40,000 to settle allegations that it refused to reinstate a pregnant employee after her maternity leave.
The EEOC’s lawsuit claimed this action violated Title VII and the PWFA. As part of the settlement, the company will implement a policy prohibiting pregnancy discrimination and provide training to all employees on the requirements of these laws.
Termination after learning of pregnancy
A Florida assisted living facility agreed to pay $20,000 to resolve claims that it terminated a temporary staff member upon learning of her pregnancy.
The settlement includes a three-year consent decree requiring the employer to amend its equal employment opportunity policy, conduct training on pregnancy discrimination and the PWFA, and provide reports to the EEOC.
Denial of pregnant worker’s remote work request
The EEOC filed a lawsuit against a Philadelphia-based nonprofit, alleging that it denied a pregnant social worker’s request to work remotely during the COVID-19 pandemic, leading to her resignation.
The EEOC claims this refusal violated Title VII and the PWFA.
Implications for employers
These actions highlight the EEOC’s focus on enforcing laws that protect pregnant workers. As a result, employers are advised to:
- Review and update policies to ensure compliance with Title VII and the PWFA.
- Provide training to management and HR personnel on handling accommodation requests related to pregnancy.
- Engage in an interactive process with pregnant employees to provide reasonable accommodations, such as modified work schedules or remote work options, unless doing so would impose an undue hardship.
By proactively addressing these areas, employers can foster an inclusive workplace and mitigate the risk of legal challenges related to pregnancy discrimination.
