The Pregnant Workers Fairness Act (“PWFA”) offers broad protections to workers for pregnancy and/or childbirth-related conditions. The PWFA requires employers with fifteen (15) or more employees to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions, unless the accommodation imposes an undue hardship on the employer.
Although the PWFA has been in effect since June 27, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) final regulations implementing the PWFA did not become effective until nearly a year later, on June 18, 2024. The EEOC’s final regulations offer guidance to employers as to what constitutes a “reasonable accommodation” under the PWFA, and how employers should respond when faced with a request for a reasonable accommodation. For instance, the EEOC’s final regulations offer specific examples of when, in virtually all cases, a request for an accommodation will be considered reasonable. One such instance is permitting an employee to carry or keep water near and drink as needed. See 29 C.F.R. § 1636.
Since implementing the final regulations in June 2024, representatives of the EEOC, including former EEOC Chair Charlotte A. Burrows, have confirmed that protecting pregnant workers is a “strategic enforcement priority” for the agency. Indeed, since 2024, the EEOC has filed a dozen lawsuits seeking to remedy the denial of pregnancy-related accommodations. This trend shows no signs of stopping in 2026 in light of the EEOC’s recent filing of a new lawsuit.
On March 23, 2026, the EEOC filed a federal enforcement lawsuit against Roundy’s Supermarkets for pregnancy and disability discrimination under the PWFA and Americans with Disabilities Act (“ADA”). See EEOC v. Roundy’s Supermarkets, Inc., Case No. 3:26-cv-00241 (W.D. Wis. Mar. 23, 2026). The Complaint alleges that an employee of the grocery chain requested two postpartum accommodations: (1) a twenty-minute break every four hours to express breast milk; and (2) access to drinking water at her workstation for hydration and to maintain her milk supply. The employer initially granted the request at the grocer’s Madison location; however, when the employee was moved to another location, management refused to allow water at her workstation. The Complaint also alleges that management insisted that the employee sign a release authorizing access to her medical records in order to approve the request to keep water at her workstation. Ultimately, the employer denied the accommodation and terminated her employment – just two months after her transfer.
This is just one example of how the EEOC continues enforcing the PWFA. Employers can expect to see this trend continue in 2026 and should be mindful of their obligations under the PWFA when faced with a request for an accommodation for pregnancy or a pregnancy-related condition. Some accommodations, such as the employee’s request in the Roundy’s case, are likely to be found “reasonable” in almost every circumstance.
For more information, please contact Rebecca Singer-Miller or any of the attorneys in Weston Hurd’s Labor and Employment Group to discuss further. We would be happy to assist your teams when faced with a request for reasonable accommodations under the PWFA or ADA.
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