Since the Pregnant Worker Fairness Act (PWFA) went into effect on June 27, 2023, the EEOC has demonstrated a renewed focus on pregnancy discrimination in the workplace. We recently came across the Lexology article, “The EEOC’s Plan to Root Out Pregnancy Discrimination in the Workplace,” by contributors from Bradley Arant Boult Cummings LLP. This article discusses two EEOC lawsuits involving pregnancy discrimination and provides practical advice to employers on how to prevent pregnancy discrimination. The following summarizes key takeaways.
The EEOC has recently filed two lawsuits based on pregnancy discrimination. In the first lawsuit, a Georgia employer agreed to pay $50,000 to settle a claim that the employer discriminated and retaliated against an employee who was on an approved leave related to her pregnancy. This was considered to be in violation of Title VII, which prohibits discrimination on the basis of sex. In addition to the payout, the employer was required to provide specialized training to employees, circulate policies and complaint procedures, and post a notice of Title VII requirements. The second lawsuit is against a New Orleans bakery for alleged pregnancy discrimination in violation of Title VII and the ADA. The bakery is accused of firing an employee after she missed two shifts to receive medical treatment related to her pregnancy. This is an open case, and updates are limited at this time. According to Darrell Graham, District Director of the EEOC’s Atlanta Office, “The EEOC will use all tools at its disposal to root out pregnancy discrimination, including the federal Pregnant Worker Fairness Act (PWFA), which was enacted last year.”
With an increased focus on pregnancy discrimination, it is important to review your company’s policies and to ensure that all employees understand their responsibility to combat all forms of workplace discrimination. The Lexology article recommends the following actions:
- Specifically address pregnancy in your company policies against discrimination and retaliation.
- Include anti-discrimination policies in employee training and onboarding materials.
- Update policies to include rights and resources available to pregnant employees.
- Create a handout for pregnant employees to understand policies and procedures related to maternity leave and returning to work. Include a contact person who can answer questions and provide assistance during this time.
In preventing all forms of workplace discrimination, it is important that all members of an organization have the opportunity to report concerns without fear of retaliation. In order to make this a reality, organizations must establish and promote clear channels of communication. One way to do this is by using a third party hotline such as Red Flag Reporting. When concerns are promptly reported, situations can be resolved before discrimination occurs.