Real World Impact: A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all facets of pregnancy.
Background: In EEOC v. Lago Mar Properties, Inc., the EEOC alleged Lago Mar violated both the PWFA and the Americans with Disabilities Act (ADA) when it terminated an employee shortly after she requested leave to recover from a stillbirth. The parties entered into a three-year Consent Decree. The Consent Decree requires Lago Mar to pay $100,000 in damages to the former employee, appoint an EEO coordinator, revise its employment policies to ensure employees are provided reasonable accommodations under the PWFA and ADA, and provide training to all its employees, as well as report any complaints of discrimination to the EEOC.
The EEOC is aggressively enforcing the PWFA and has filed many lawsuits alleging violations. The Consent Decree entered into by the parties in this case, however, stands as an important reminder that the PWFA is broad in scope and encompasses all facets of pregnancy. As such, it is important for employers to familiarize themselves with its requirements, a brief overview of which is provided below.
What is required?
The PWFA is a federal law that went into effect on June 27, 2023. The Act requires a covered employer to provide a “reasonable accommodation” to qualified employees’ or applicants’ “known limitations” related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The term “related medical conditions” is construed broadly. The regulation specifically notes “related medical conditions” include, among other things, postpartum depression, lactation and its related conditions, miscarriage, stillbirth, and abortion.
Some examples of reasonable accommodations include:
- Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
- Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth;
- Changing a uniform or dress code or providing safety equipment that fits; and
- Changing a work schedule, such as having shorter hours, part-time work, or a later start time.
The EEOC also notes that necessary accommodations may change as the employee progresses through their pregnancy, so it is important to maintain a dialogue with the employee. A critical component of the PWFA is that an accommodation can include a temporary suspension of an employee’s essential functions, assuming the inability to perform the functions is “temporary,” the employee could perform the functions “in the near future,” and the inability can be reasonably accommodated.