Four women are suing Amazon in a new pregnancy discrimination class action. The women allege that Amazon institutes policies that are discriminatory against pregnant workers and unlawfully punishes these workers for federally protected activities. Because the plaintiffs allege that Amazon discriminates at the policy level, they argue that an entire class of workers is owed restitution. The claims include requiring extremely long work hours and physically demanding labor from pregnant employees. Additional claims include punishing women for seeking medical attention and reprimands for pregnancy-related breaks. The plaintiffs state in their Complaint:
“When Plaintiffs sought accommodations, Amazon applied its unlawful policy of demanding medical paperwork for every pregnancy-related accommodation request, no matter how basic. This is no small ask: In early pregnancy, it can take weeks to schedule a doctor’s visit or obtain a medical note. The U.S. Equal Employment Opportunity Commission (“EEOC”), the agency charged with implementing and enforcing the PWFA, has instructed employers that it is unreasonable and unlawful to demand medical documentation, “beyond self-attestation, when a worker is pregnant and seeks … commonly sought accommodations that are widely known to be needed during an uncomplicated pregnancy.” But Amazon ignores the law, forcing pregnant employees to continue working without modifications, at great risk to their health.”
While the federal government may be preoccupied with using the EEOC to fight DEI, this is a reminder that discrimination can invoke private rights of action. This marks one of the first major cases of employees bringing a pregnancy discrimination class action under the Pregnant Workers Fairness Act (PWFA), which entered force in 2023. Up to now, the EEOC has brought several PWFA enforcements, mostly under the previous administration. If successful, this private litigation could provide a blueprint for the plaintiffs’ bar in future litigation.
Our members can learn more about discrimination litigation here.
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