EEOC Sues Smithfield for Pregnancy Discrimination—New Laws Like the PWFA and PUMP Act Raise the Stakes

by Madison A. Gregg and Cameron Smith

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued Smithfield Fresh Meats Corporation for pregnancy discrimination after allegedly firing a pregnant worker who requested accommodations, marking one of the several recent enforcement actions under the new Pregnant Workers Fairness Act (“PWFA”). This case, along with the PUMP for Nursing Mothers Act (“PUMP Act”) now in effect, illustrates the increasing legal obligations employers face when handling pregnancy-related accommodations, lactation breaks, and postpartum care.

Smithfield Allegedly Violated the Pregnancy Works Fairness Act

According to the EEOC’s lawsuit, Smithfield violated federal law after firing an employee after she requested accommodations for pregnancy-related complications. Shortly after she was hired, the employee informed Smithfield of her pregnancy. The employee’s physician imposed a lifting restriction on her, after she was involved in a workplace accident at Smithfield. When the employee subsequently requested pregnancy-related accommodations, Smithfield told her that the company does not provide accommodations for pregnancy. Smithfield then required the employee to take unpaid leave, and two weeks later, fired her.

The EEOC alleges that this conduct is in violation of the PWFA, which requires employers to provide reasonable accommodations for pregnancy, and Title VII of the Civil Rights Act of 1964, which prohibits pregnancy discrimination. The EEOC is seeking monetary damages for the employee and injunctive relief against the employer to prevent such unlawful conduct in the future.

The Pregnancy Workers Fairness Act Helps Prevent Pregnancy Discrimination

The PWFA requires employers to provide reasonable accommodations to an employee’s known limitations related to or arising out of pregnancy, childbirth, or related medical conditions. Furthermore, employers may not require an employee to take leave if another reasonable accommodation can be provided and may not deny a job to a qualified applicant based on the person’s need for reasonable accommodation. The PWFA similarly prohibits an employer from retaliating against an employee for requesting a reasonable accommodation and from coercing individuals who are exercising their rights under the PWFA. Any violation of this policy can result in the EEOC taking legal action against the violating employer.

While Miller Shah LLP was not involved in the Smithfield matter, the Firm regularly represents employees in discrimination and workplace accommodation cases.

The PUMP Act Extends Postpartum Rights at Work

The PUMP Act expands protections for postpartum workers, particularly as it relates to nursing employees. Under the PUMP Act and the Fair Labor Standards Act (“FLSA”), nursing employees have the right to a break time and a place to pump milk. For one year after the child’s birth, employees may take a reasonable break each time the employee may need to express milk. Furthermore, nursing employees must be provided with a place to pump breastmilk, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. The Pump Act also expands these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers.

Under the FLSA and the PUMP Act, a bathroom is not a permissible location for the employer to provide for pumping breast milk. A space temporarily created or converted into a space for pumping breastmilk is sufficient if the space is available when needed by nursing employee. When an employee is using break time at work to pump breast milk, the employee must either be completely relieved from duty or paid for the break time. That is, the employer may not both require the employee to work during break time and withhold payment for that time worked.

Failure to Accommodate Pregnancy and Postpartum Laws Can Result in EEOC Litigation

Employers are obligated to engage in an interactive process with the employee and applicant to determine what accommodation(s), if any, may be required under the FLSA, PUMP Act, and/or PWFA. If an accommodation does not cause undue hardship to the employer’s business, the employer typically must provide the accommodation. If an employer fails to provide reasonable accommodation to a qualified employee when there is no undue hardship, the employer runs the risk of an EEOC pregnancy discrimination lawsuit.

The Equal Employment Opportunity Commission is a federal agency authorized to investigate and litigate against businesses and private sector employers for violating federal laws regarding pregnancy discrimination and postpartum discrimination. The EEOC enforces Title VII, the Pregnant Workers Fairness Act, and the PUMP Act.

Legal Support for Employees Facing PUMP Act Violations

Labor and employment attorneys can assist individuals in pursuing federal civil action in accordance with laws such as the PUMP Act and PWFA. Most states have equivalent or companion state laws that an individual can use to pursue state civil action as well. If you feel that an employer is discriminating against you or failing to provide reasonable accommodations because of your pregnancy or nursing status, Miller Shah can help you through this process.

The legal team at Miller Shah LLP has extensive experience representing labor and employment matters, including pregnancy discrimination and harassment as set forth by laws like the PUMP Act, and more. If you have any questions regarding this subject or this post, please fill out a form or call us toll-free at (866) 540-5505.