New England Biz Law Update
Operators of an Oklahoma medical clinic have agreed to pay $90,000 and implement policy changes to settle a pregnancy and disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission.
The agency alleged that a medical assistant with a high-risk pregnancy was denied reasonable accommodations during the final trimester of her pregnancy. According to the EEOC, the clinic refused requests to allow her to sit, take short breaks or work part-time, as recommended by her doctor. Instead, the employee was placed on unpaid leave.
Roughly one month after giving birth, the employee sought assurances that she would be provided breaks and space to express breast milk upon returning to work. When those breaks were not guaranteed and she said she could not return without them, the clinic terminated her employment, the EEOC alleged.
The lawsuit claimed violations of the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA).
The PWFA, which took effect in June 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions and prohibits forcing employees to take leave if another accommodation can be provided.
Under a four-year consent decree, the employer agreed to adopt updated accommodation policies, designate personnel responsible for compliance with pregnancy-related employment laws, train supervisors and staff, track accommodation requests, and report periodically to the EEOC.
“The PWFA’s requirements are simple and fair,” said Joshua Stockton, the EEOC’s lead trial attorney. “The policies and procedures required by this decree are a model that all employers should follow to ensure that pregnant women are never forced to choose between their jobs and their health and safety.”
Employers should ensure that HR personnel and managers understand the law’s requirements, avoid defaulting to unpaid leave, and carefully document accommodation discussions.
