The EEOC's Miami District conciliated discrimination charges against Health and Behavior Dimensions, Inc., a behavioral health provider in Hallandale Beach. The employer allegedly denied pregnant employees' requested PWFA accommodations, failed to engage in the interactive process, and retaliated. HBD will pay $35,000 in one case and $100,000 in the other; 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 resolved charges in which the healthcare employer allegedly fired pregnant workers who requested accommodations, including unpaid leave, under the PWFA.

The PWFA requires healthcare employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless doing so would cause undue hardship.

Here are some steps for employers to consider:

· Review and update written accommodation and leave policies to expressly reference the PWFA and allow pregnancy-related accommodations, including unpaid leave, flexible schedules, light duty, and additional breaks, regardless of whether the employee is FMLA-eligible.

· Create a standardized process for employees to request pregnancy-related accommodations, including clear points of contact, request forms, and timelines for responding.

· Ensure policies explain that asking for a pregnancy-related accommodation is protected activity and will not result in termination or other adverse treatment.

· Coordinate HR, benefits, and supervisory staff so that PWFA rights are considered alongside FMLA, ADA, and state law obligations, rather than defaulting to a "no leave if not eligible for FMLA" approach.

The final takeaway is that healthcare employers should embed PWFA requirements directly into their leave and accommodation policies so that pregnancy-related requests are recognized, considered, and granted where reasonable instead of allowing them to lead to termination and liability.