The U.S. Equal Employment Opportunity Commission sued Kurt Bluemel, a Baltimore County commercial nursery, and alleged the employer failed to accommodate a pregnant worker's need for leave and then retaliated against her.

The employee allegedly requested maternity leave in 2023 and intended to resume her job afterward. The EEOC alleges she was told no work was available when she tried to return, although the company hired non-pregnant workers before and after that period.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-kurt-bluemel-pregnancy-discrimination

Commentary

The EEOC contends the employer's conduct was discriminatory under Title VII and violated the Pregnant Workers Fairness Act. Although neither law has a specific job protection provision (unlike FMLA), both laws have anti-retaliation provisions. Failing to allow an employee to return to the job after granting a pregnancy-related leave opens the employer up to allegations of retaliation.

Whenever a pregnancy-related accommodation is requested, the request should be immediately communicated to those in the organization who are authorized to engage in an interactive process to determine a reasonable accommodation, such as leave. If a requested accommodation is a simple thing with an immediate need, such as permission to sit closer to the restroom; have short, frequent breaks to stretch or walk; or to have food and drink at the desk, then no interactive process is necessary. These should be granted immediately.

Risk management practices for employers include:

· Reviewing employee handbook policies to make sure they accurately reflect employer duties regarding pregnancy-related conditions.

· Tracking pregnancy-related accommodation requests and outcomes to identify patterns that could signal disparate treatment or barriers.

· Providing regular legal updates and training to HR and managers on PWFA regulations and recent enforcement actions.

· Coordinating with counsel to evaluate high-risk decisions involving pregnant workers before terminations or other disciplinary processes are implemented.

· Communicating to employees that the organization complies with pregnancy accommodations and explaining how to request them.

The final takeaway for employers is that pregnancy-related accommodations are enforced by the EEOC, making policy updates and training important. Proactively review leave and accommodation practices, monitor decision patterns, and involve legal counsel in early decision-making.