EEOC Sues Option Care Health, Inc. for Pregnancy Discrimination

BOSTON — Option Care Health, Inc., a nationwide provider of infusion-therapy services, violated federal law when it failed to provide an employee with a reasonable accommodation for symptoms related to her pregnancy in June and July of 2023, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s suit, an infusion nurse based in New Hampshire, whose job involved visiting patients at their homes and virtually, requested a temporary limit on her assignments to patients closer to her home and/or to virtual visits as an accommodation for her pregnancy symptoms. Option Care allegedly refused to provide her an accommodation, which ultimately resulted in the employee’s forced resignation.

“The Pregnant Workers Fairness Act was enacted so that no employee is forced to choose between the health of their pregnancy and their job,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “The EEOC is here to ensure that employers get the message that they cannot ignore their obligations under the PWFA.”

Such alleged conduct violates 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 the U.S. District Court for the District of Massachusetts (EEOC v. Option Care Health, Inc., Case No. 1:25-cv-12817) after first attempting to reach a pre-litigation settlement through its conciliation process.

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “This case demonstrates the EEOC’s commitment to enforcing the PWFA and rooting out pregnancy discrimination where we find it.”

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 lawsuit was initiated by the EEOC’s Boston Area Office, which is one of four component offices of the EEOC’s New York District Office.  Attorneys in the New York District Office prosecute discrimination cases 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.