In one of the first major enforcement actions under the Pregnant Workers Fairness Act (PWFA), the Equal Employment Opportunity Commission (EEOC) has filed a pregnancy discrimination lawsuit against Massachusetts-based Option Care Health. The case, filed in federal court on September 29, centers on allegations that the company failed to accommodate a pregnant nurse’s request for modified work assignments, ultimately forcing her to resign. This suit signals an uptick in federal enforcement of pregnancy discrimination protections since the PWFA took effect in June 2023.
Attorney Josh Robbins offered that the Kelehan case is not a unique set of facts, but presents a situation that many employees encounter. Given the allegations in the complaint, it is surprising that Kelehan’s employer didn’t reach an agreement through conciliation with the EEOC, Robbins was quoted as saying.
The PWFA is designed to protect employees who seek reasonable accommodation due to pregnancy, childbirth, or related conditions, and Kelehan was seeking what the law provides, Robbins said.
Robbins also said that Kelehan’s proposed accommodations of either temporarily working remotely or having a shorter commute sounds very reasonable, given the prevalence of remote work, and she doesn’t seem to be looking for a permanent adjustment.
As law.com points out, pregnancy-related suits are set to depart from suits under the AWDA in important ways that address the specific needs of pregnant workers.
As pregnancy discrimination suits become the new normal, we can expect to see more enforcement actions that test the waters of the new law and better accommodate the reality of being a pregnant worker.
At Maura Greene Law Group, our experienced attorneys advocate for workers facing discrimination. Whether you’re in Boston, Worcester, or anywhere in the Commonwealth, we’re committed to helping you secure fair, competitive agreements that support your career goals.
Contact our employment lawyers employment lawyers for your private consultation or call us at: 617-936-1580.
The Not So Fine Print:
Every case has its unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here, and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.