The EEOC's Miami District conciliated two discrimination charges involving pregnant employees in Florida for a total recovery of $135,000.

In the first charge, Brandt Information Services, Inc., based in Tallahassee, allegedly terminated a pregnant employee in November 2023 after she requested two and a half months of unpaid leave as a reasonable accommodation under the Pregnant Workers Fairness Act (PWFA). Under a conciliation agreement, Brandt will pay the former employee $100,000 and adopt a new policy allowing employees to request leave as a reasonable accommodation under the PWFA even if they do not qualify for leave under the Family and Medical Leave Act.

In the second charge, Health and Behavior Dimensions, Inc., a behavioral health provider in Hallandale Beach, allegedly denied a pregnant employee's requested PWFA accommodation in March 2024, failed to engage in the interactive process, and fired her the same day she requested an accommodation. HBD will pay $35,000, provide equal employment opportunity training to all employees, and report annually on discrimination complaints.

Source: https://www.eeoc.gov/newsroom/eeoc-recovers-135000-florida-employees-under-pregnant-workers-fairness-act

Commentary

In the above source, the EEOC described situations where employers allegedly refused to consider pregnancy-related accommodation requests or engage in an interactive process before terminating employees. Employers should treat every PWFA request as the start of a documented dialogue.

Here are some suggestions:

   · Establish a documented interactive process for PWFA requests that includes acknowledging the request, gathering information about job duties and limitations, and exploring possible accommodations with the employee.

   · Remember, that many accommodations should be granted and documented immediately, such as a request to have water or food near a workstation or a request for additional bathroom breaks. Delay in these simple accommodations could be considered interfering with PWFA rights.

   · Consider a range of accommodations, including temporary unpaid leave, schedule changes, light duty, telework, or task modifications, and assess undue hardship individually rather than relying on blanket rules.

   · Document each step of the process, including options considered, reasons for accepting or rejecting proposals, and any interim measures offered.

   · Require HR or legal review before denying a PWFA accommodation request or terminating a pregnant employee, especially when the request involves temporary limitations or leave.

The final takeaway is that employers can significantly reduce PWFA liability by using a consistent, well-documented interactive process that seeks reasonable solutions before resorting to termination.