The Pregnant Pause

Pregnancy discrimination claims are a clear priority of the EEOC right now, and they are a particular vulnerability for many employers.

As the government’s fiscal 2025 wrapped up, the EEOC filed numerous lawsuits accusing employers of pregnancy and disability discrimination and settled several other pregnancy discrimination cases. Moreover, this commission is not letting small businesses off the hook! As it relates to pregnancy-related claims, the EEOC is not focused solely on big name companies to grab headlines. In the recent flurry of lawsuits, the commission brought claims against small and large companies alike. 𝐈𝐟 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 15 𝐨𝐫 𝐦𝐨𝐫𝐞 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬, the Pregnant Workers Fairness Act (PWFA), the ADA, and Title VII’s Pregnancy Discrimination Act all apply to you.

In addition to pregnancy-related litigation, you can expect (likely major) updates to the EEOC’s policies, including revisions to the PWFA. With Brittany Panuccio now confirmed as a commissioner and officially on board (as of Oct. 27), the EEOC restored the quorum needed to make policy and enforcement decisions. EEOC Chair Andrea Lucas indicated that one of her top goals as Chair is to edit the agency's regulations on the PWFA and make revisions to the commission's latest iteration of its harassment guidance. Earlier this year, Chair Lucas said the EEOC interpretation of the PWFA "broadens the scope of the statute in ways that cannot be reconciled with the text" and she "intends for the commission to reconsider portions of the final rule that she believes are unsupported by law."

Takeaways: (1) Pause and make sure your management knows how to enforce the rights afforded to pregnant workers; and (2) Be on the lookout for the EEOC’s policy updates, so you can ensure compliance in your workplace.