The Pregnant Workers Fairness Act (PWFA) became effective more than three years ago, but employers may still be catching up. In a press release on Aug. 31, 2026, the EEOC announced a federal lawsuit against an employer in North Carolina asserting claims for denial of a reasonable pregnancy accommodation and discriminatory termination. The lawsuit alleges that a customer service representative suffered serious pregnancy complications on her day off work, including bleeding, high blood pressure, leg swelling and back pain. Her doctor advised her not to work until she could be seen three days later at a high-risk clinic. This would require that the employee miss two scheduled shifts, and she notified her manager of the need for the time off. According to the EEOC, the manager responded by demanding the employee “provide a doctor’s note before the night was over, even though it was New Year’s Eve. When the employee was unable to produce the note, the store manager fired her, saying ‘[I’m] going to have to go ahead and let you go.’” Three days later, it was confirmed that the employee had suffered a miscarriage.
Under the PWFA, employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth and related conditions, unless doing so would cause undue hardship. The law also prohibits retaliation against an employee who requests accommodation. While employers may require medical documentation in some situations, the request must be reasonable under the circumstances. Requiring an employee to produce a doctor’s note on the same day it was requested (and on a major holiday) or face termination landed the employer here in court. The EEOC is seeking monetary damages for the employee, including punitive damages, as well as injunctive relief preventing the employer from engaging in such conduct in the future.
Acting EEOC General Counsel Catherine Eschbach called the employer’s alleged actions “indefensible,” noting that the request for time off was to “address urgent pregnancy-related medical concerns.” She continued: “To add loss of family income to the tragic loss of a baby is incredibly stressful. The EEOC will not hesitate to take decisive action when employers violate [PWFA] protections.”
Front-line managers and supervisors are often the first to receive a request for accommodation from a pregnant worker. It is critical that they receive appropriate training about PWFA protections (and those that may be provided under similar state laws) so that they know how to respond. Ideally, the training teaches them to recognize situations where the PWFA applies, and emphasizes the need to involve Human Resources early to avoid costly missteps like those alleged in this case.
Employers who want to learn more about their obligations under the PWFA may refer to this EEOC guidance: What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission.
