Table of Contents
• A New Era for Pregnant Workers’ Rights
• What Do the First PWFA Lawsuits Tell Us?
• Key Lessons for Employees from the EEOC’s Lawsuits
• What About Lactation Accommodations? (The PUMP Act)
• What This Means for Employees
• Contact an Employment Lawyer
A New Era for Pregnant Workers’ Rights
The U.S. Equal Employment Opportunity Commission (EEOC) has begun to actively enforce the Pregnant Workers Fairness Act (PWFA), filing its first wave of lawsuits against employers who fail to provide required accommodations. This signals that pregnancy-related rights are a top priority for the agency and that employers are now on notice.
Effective since June 2023, the PWFA requires employers to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, and related medical conditions, unless it would cause an “undue hardship.” Crucially, the PWFA is separate from the Americans with Disabilities Act (ADA)—an employee does not need to have a pregnancy-related disability to be entitled to an accommodation.
What Do the First PWFA Lawsuits Tell Us?
The EEOC’s initial lawsuits provide a clear roadmap of the agency’s enforcement priorities and highlight common employer mistakes. The cases show a consistent pattern of employers defaulting to rigid, outdated policies instead of engaging with their pregnant employees.
•EEOC v. Wabash National Corporation: In the first-ever PWFA lawsuit, the EEOC alleges that a Kentucky manufacturing employer refused to consider light duty or task modifications for a pregnant employee, instead forcing her onto unpaid leave and demanding unnecessary medical documentation .
•EEOC v. R&L Carriers: In Illinois, the EEOC sued a freight transportation company for allegedly refusing to accommodate a pregnant truck driver’s 20-pound lifting restriction. Instead of offering modified duties, the company allegedly removed her from work and placed her on unpaid leave .
•EEOC v. Urologic Specialists of Oklahoma, Inc.: A medical practice in Oklahoma recently settled a PWFA lawsuit for $90,000. The EEOC alleged the practice denied a medical assistant’s request for periodic sitting and breaks during a high-risk pregnancy, forced her onto unpaid leave, and ultimately fired her after she raised concerns about her ability to express breast milk upon her return .
Key Lessons for Employees from the EEOC’s Lawsuits
Across these early cases, a clear message has emerged for employees:
- Your Employer Cannot Force You onto Unpaid Leave. The PWFA explicitly prohibits employers from forcing a pregnant employee to take leave—paid or unpaid—if another reasonable accommodation is available that would allow them to keep working.
- You Do Not Need a “Disability.” Unlike the ADA, the PWFA covers temporary, pregnancy-related limitations. You do not need to prove that your condition is a qualifying disability to request an accommodation.
- The “Interactive Process” is Required. Your employer must engage in a good-faith conversation with you to identify a reasonable accommodation. They cannot simply deny your request based on a rigid, one-size-fits-all policy.
What About Lactation Accommodations? (The PUMP Act)
Alongside the PWFA, enforcement is also increasing under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. This law expanded federal requirements for lactation accommodations, and most employees are now covered.
Under the PUMP Act, employers must provide:
•Reasonable break time for an employee to express breast milk.
•A private space, other than a bathroom, that is shielded from view and free from intrusion.
What This Means for Employees
The EEOC’s aggressive enforcement of the PWFA and PUMP Act is a major development for workers’ rights. It confirms that employers can no longer rely on outdated ADA-based frameworks or default to forcing pregnant employees out on leave. If you are pregnant or have recently given birth, you have a clear right to request reasonable changes at work to protect your health and keep your job.
These changes can include things like:
•Light duty or modified job tasks
•A temporary transfer to a less strenuous position
•The ability to sit or take more frequent breaks
•A modified work schedule
•Time and space for pumping breast milk
Contact an Employment Lawyer
If your employer has denied your request for a pregnancy-related accommodation, forced you onto unpaid leave, or failed to provide adequate space for lactation, you may have a claim under these new laws. The legal team at The Spiggle Law Firm is dedicated to protecting the rights of employees.
Contact us today for a consultation to discuss your situation and learn how we can help.
References
[1] EEOC, EEOC Sues Wabash National for Pregnancy Discrimination, September 10, 2024. Retrieved from
