21 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP B. EEOC Focus on Pregnancy Discrimination The EEOC’s Strategic Enforcement Plan includes a focus on protecting workers affected by pregnancy, childbirth, or related medical conditions, including under the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA), as well as pregnancy-related disabilities under the Americans with Disabilities Act (ADA).48 The agency has continued to focus on such claims under the Trump administration, though with a less expansive interpretation of who is covered by such laws. 1. The Legal Framework The PDA is an amendment to Title VII of the Civil Rights Act of 1964, which makes discrimination based on pregnancy, childbirth, or related medical conditions a form of unlawful sex discrimination. Under the PDA, employers must treat women affected by pregnancy or related conditions the same as other employees similar in their ability or inability to work, in all aspects of employment, including hiring, pay, promotions, training, and benefits. An employer cannot refuse to hire, fire, or take adverse action against a woman because she is pregnant, was pregnant, or might become pregnant, nor can decisions be based on stereotypes or customer preferences. Further, under the PDA, pregnant employees must be allowed to work as long as they can perform their job, and if temporarily disabled due to pregnancy, they must receive the same leave and job protections as other temporarily disabled employees. The PDA also prohibits singling out pregnancy-related conditions for special procedures and ensures equal treatment in medical clearance, leave policies, and return-to-work rules. The PWFA requires employers to provide reasonable accommodations for an applicant’s or employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship. In general, a “reasonable accommodation” means a change to the work environment or how work is normally done, such as modified schedules, additional breaks, or temporary reassignment. Employers must engage in an interactive process with the employee to identify appropriate accommodations and cannot automatically deny requests or enforce rigid policies. Finally, the definition of “undue hardship” under the PWFA is the same as under the ADA and Title VII. 2. Pregnancy-Related Lawsuits The number of EEOC lawsuits alleging pregnancy-related claims has significantly increased. In FY 2025 the EEOC filed 10 lawsuits under the Pregnancy Discrimination Act and/or the Pregnant Workers’ Fairness Act – five in September 2025 alone, discussed below. This emphasis on pregnancy-related issues aligns with public statements by Chair Lucas, who has placed an emphasis on enforcing protections in this areas. Notably, Lucas has rejected the broader interpretation offered in the Final Rule implementing the PWFA. In her view, the rule “fundamentally erred in conflating pregnancy and childbirth accommodation with accommodation of the female sex, that is, female biology and reproduction.” 49 Removing or revising the rule requires a vote by the Commission, which Lucas has stated she will seek. In EEOC v. Comforts of Home Holdings LLC, Inver Grove Heights WP LLC d/b/a White Pine Senior Living, Inver Grove Heights WP II LLC, No. 0:25-cv-00059, filed in the District of Minnesota on January 7, 2025, the EEOC alleged the employer discriminated against a pregnant employee by subjecting her to workplace harassment, discriminatory discharge, and retaliation, on the basis of pregnancy. In April 2025, the parties filed a Joint Motion to Approve a Consent Decree. On May 13, 2025, the Court granted the Motion and entered the Consent Decree. 48 See U.S. Equal Employment Opportunity Commission Strategic Enforcement Plan FY 2024-2028, Strategic Enforcement Plan Fiscal Years 20242028 | U.S. Equal Employment Opportunity Commission (eeoc.gov). 49 See Position of Acting Chair Lucas Regarding the Commission’s Final Regulations Implementing the Pregnant Workers Fairness Act, https://www.eeoc.gov/wysk/position-acting-chair-lucas-regarding-commissions-final-regulations-implementing-pregnant
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