EEOC Recovers $135,000 for Florida Employees Under Pregnant Workers Fairness Act

MIAMI – The Miami District of the U.S. Equal Employment Opportunity Commission (EEOC) successfully conciliated two discrimination charges on behalf of pregnant women, the federal agency announced today.

The first charge, against Brandt Information Services, Inc., a technology solutions company based in Tallahassee, Florida, claimed the company terminated a pregnant employee in November 2023 after she requested two and a half months of unpaid leave as a reasonable accommodation under the Pregnant Workers Fairness Act (PWFA). Under the terms of the conciliation agreement, Brandt will pay the former employee $100,000 and provide robust injunctive relief, including implementation of a new policy allowing employees to request leave as a reasonable accommodation under the PWFA, even if they do not qualify for leave under the Family Medical Leave Act.

“The Pregnant Workers Fairness Act gives workers the right to receive reasonable accommodations, such as leave, light duty, breaks, or a stool to sit on for pregnancy, childbirth, and related medical conditions, unless it would be an undue hardship on the employer,” said EEOC Miami District Director Evangeline Hawthorne. “Despite being in effect for more than two years, the EEOC continues to find that many employers have not yet provided adequate training on the PWFA.”

The second charge, against Health and Behavior Dimensions, Inc. (HBD), a behavioral health provider based in Hallandale Beach, Florida, claimed the non-profit organization denied a pregnant employee an accommodation under the PWFA in March 2024. According to the employee, HBD refused to engage in the required interactive process and instead fired her on the same day she requested an accommodation. Under the terms of the conciliation agreement, HBD will pay the former employee $35,000, provide equal employment opportunity training to all employees, and report annually on discrimination complaints received by the organization.

“The EEOC’s conciliation program represents a valuable opportunity to resolve discrimination charges prior to litigation,” said Tamra Schweiberger, director of the EEOC’s Tampa Field Office. “We commend these employers for taking steps to voluntarily resolve these charges and for implementing training and policy changes to prevent discrimination from occurring in the future.”

For more information about the Pregnant Workers Fairness Act, please visit 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 Miami District Office’s jurisdiction includes Florida, Puerto Rico and U.S. Virgin Islands.

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 is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.