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 highlighted that employer failures to train managers on the PWFA led to terminations of pregnant workers.
Untrained managers that may treat pregnancy-related accommodation requests as attendance or performance problems rather than as legal compliance obligations that present a risk.
Below are some suggestions for addressing such risks:
· Provide mandatory PWFA training for managers, HR, and supervisors that explains when pregnancy-related limitations trigger accommodation duties and what types of accommodations may be reasonable.
· Use real-world scenarios, such as requests for unpaid leave, reduced schedules, lifting restrictions, or extra restroom breaks, to show managers how to respond lawfully.
· Train managers to route any pregnancy-related request immediately to HR or a designated accommodations coordinator rather than making ad hoc decisions or denying requests outright.
· Reinforce that adverse employment actions taken soon after an accommodation request are high-risk and generally should not proceed without HR and legal review.
The final takeaway is that employers reduce legal and financial risk when they ensure that everyone who interacts with pregnant workers understands PWFA obligations and treats accommodation requests in a respectful and lawful manner.
