Dive Brief:
- The U.S. Equal Employment Opportunity Commission on Jan. 16 filed a lawsuit against R&L Carriers Shared Services, LLC, to enforce a subpoena the agency issued as part of an investigation into an alleged violation of the Pregnant Workers Fairness Act, according to court filings in the U.S. District Court for the Northern District of Illinois.
- The subpoena enforcement action is the agency’s first under the PWFA and was issued to compel the freight transportation and logistics services personnel provider to turn over information requested as part of an investigation into sex and pregnancy discrimination claims filed by a driver of the company.
- The driver alleged the company discriminated against her based on her sex, failed to reasonably accommodate her pregnancy-related restrictions and placed her on involuntary unpaid leave, according to a news release issued by the agency.
Dive Insight:
Under the PWFA, employers cannot put an employee on leave when a reasonable accommodation is available for known limitations tied to pregnancy, childbirth or related medical conditions unless it would cause undue hardship for the company, EEOC said.
“A reasonable accommodation under the PWFA can include temporarily excusing an employee from performing the essential functions of her job if the employee will be able to perform those functions in the near future, and the inability to perform the essential functions can be reasonably accommodated, such as through modified or light duty,” EEOC said.
EEOC has the authority to investigate alleged violations under Title VII of the Civil Rights Act of 1964 and the PWFA, which went into effect June 27, 2023, the agency said.
“Assuring expeditious investigation of all charges, particularly those under a new law like the PWFA, is a priority,” Amrith Kaur Aakre, district director of the EEOC’s Chicago district office, said in a statement. “It is important that we obtain relevant information to be able to determine whether the law is being violated and ensure both Title VII and the PWFA are being followed and enforced.”
Under the subpoena, EEOC sought to collect information on employees who worked at the same location as the worker in question and on other drivers in Illinois, Wisconsin, Minnesota, Iowa, South Dakota and North Dakota who requested accommodations for pregnancy-related restrictions, the agency said.
