EEOC Sues Physical Therapy Chain for Pregnancy Discrimination

NEW YORK—PT Administrative Services LLC, which employs non-licensed professionals working at more than 100 JAG Physical Therapy clinics, violated federal law when it fired an employee who had just given birth because she asked about the possibility of post-childbirth accommodations, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the suit, a patient services coordinator at the Brooklyn Heights JAG location gave birth and immediately asked about reasonable accommodations (including leave or a schedule change) that would have permitted her to physically recover from childbirth and facilitated her lactation. JAG allegedly refused to grant these accommodations and immediately fired the employee simply for asking about them.

Such alleged conduct violated the Pregnant Workers Fairness Act (PWFA), which requires employers, absent undue hardship, to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions and prohibits punishing an employee for asking about or using such accommodations. The EEOC filed suit in U.S. District Court for the Eastern District of New York (EEOC v. PT Administrative Services LLC d/b/a JAG Physical Therapy, Case No. 1:25-cv-03615) after first attempting to reach a pre-litigation settlement through its conciliation process.

“The PWFA provides new and powerful protections for women,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “Employers who treat pregnancy or childbirth as a fileable offense will find that the EEOC is committed to enforcing those protections.”

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “This lawsuit sends a clear message that employers must provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions absent undue hardship.”

The PWFA went into effect June 27, 2023; resources for employees, employers, and healthcare providers are available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act. For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.