EEOC Files First Lawsuit Under the Pregnant Workers Fairness Act

September 16, 2024

 

What's New

The Equal Employment Opportunity Commission has filed its first lawsuit alleging that an employer violated the Pregnant Workers Fairness Act, which took effect last year. In EEOC v. Wabash National Corp., filed in the U.S. District Court for the Western District of Kentucky, the EEOC alleges that a manufacturer of semi-trailers and commercial trucking equipment violated the PWFA by requiring a pregnant employee to take unpaid leave instead of granting a requested accommodation. The lawsuit also alleges that the company conducted an overly broad medical inquiry by requiring the employee to submit ADA paperwork that was not necessary to process her PWFA request.

The employee worked as a front plate assembler at Wabash’s facility in Cadiz, Ky. She told Wabash that her pregnant stomach made it painful for her to bend over trailers, and she asked to be moved to another position or to light duty. Wabash refused. The EEOC asserted that placing Knight on leave without engaging in the interactive constituted a forced accommodation.

What It Means

The PWFA gives the EEOC another tool to pursue alleged pregnancy-related discrimination. The EEOC’s complaint also illustrates differences in the medical inquiries allowed under the PWFA and ADA. Employers that require employees to submit documentation for a pregnancy-related accommodation should ensure that they are not asking for more information than is necessary to evaluate the request.

What You Should Do

Employers should ensure that their process for pregnancy-related accommodation requests complies with the PWFA. CWC members can consult with CWC staff through MemberAssist at [email protected].





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