EEOC's Conservative Shift May Narrow Pregnant Worker Protections
In a significant development for workplace rights, the Equal Employment Opportunity Commission (EEOC) is preparing for major changes to pregnant-worker accommodation rules under its new Republican leadership. This conservative turn at the federal agency could dramatically affect ongoing discrimination cases and future protections for pregnant employees across the United States.
Real Cases Highlight the Stakes
The human impact of these potential changes is already visible in cases like that of Kennisha, an assistant manager at a Sonic fast-food outlet near Dayton, Ohio. According to a complaint filed with the EEOC under the Pregnant Workers Fairness Act, Kennisha was approximately three months pregnant when she needed to occasionally sit down to ease her nausea during work shifts.
The Sonic restaurant allegedly denied her accommodation request to use the only chair available to employees, which other workers typically used during smoke breaks. Faced with this denial around Thanksgiving, Kennisha ultimately quit her position and found employment elsewhere, with just a few months remaining in her pregnancy.
"It does feel good to have a new job, but it's still in the back of my mind now," said Kennisha, who requested to be identified by her first name only due to concerns about potential retaliation. Inspire Brands, Sonic's parent company, declined to comment on the matter when contacted by Reuters.
Republican Leadership Seeks Regulatory Changes
The 2022 Pregnant Workers Fairness Act requires employers to provide reasonable accommodations for pregnant workers under EEOC regulations. However, these rules may undergo substantial revision under Republican EEOC Chair Andrea Lucas, who assumed leadership in November with a Republican majority on the commission.
In exclusive comments to Reuters in December, Lucas revealed she has initiated a comprehensive overhaul of the agency to reflect "a conservative view of civil rights." She previously criticized the current regulations in 2024, arguing they were written too broadly and erroneously included protections related to "any aspect of the female reproductive system."
Legal experts interpret this language as likely referring to abortions and in vitro fertilization procedures, protections they believe are almost certainly targeted for removal. The status of pregnancy accommodation rules themselves remains uncertain but appears vulnerable to narrowing under the new leadership direction.
Potential Consequences for Workers
Employment law specialists express concern that any restriction of the current regulations could expose pregnant workers to increased discrimination or deny them financial remedies through the court system. The original rules were intentionally designed with broad scope to encompass as many pregnancy-related scenarios as possible, according to experts and attorneys familiar with the legislation.
"We do have some concerns on how rigorously the EEOC is going to be investigating these types of violations," said Inimai Chettiar, president of legal and advocacy group A Better Balance, which represents Kennisha in her case against Sonic.
Chettiar further explained that even meritorious cases like Kennisha's could receive less attention due to Lucas's stated priorities to shift the EEOC's focus toward issues traditionally championed by conservatives, including claims of discrimination against white men.
Agency Maintains Pregnancy Focus Amid Changes
Despite the anticipated regulatory changes, the EEOC continues to emphasize its commitment to addressing pregnancy discrimination. "The EEOC continues to prioritize and litigate pregnancy discrimination and harassment cases," an agency spokesperson stated in response to inquiries.
The agency has not yet released its 2026 regulatory agenda, which federal agencies publish annually to outline their priorities. However, workplace attorneys expect significant changes to emerge soon, particularly following January adjustments to other EEOC policies that aligned with Lucas's conservative vision.
Recent data reveals the substantial scope of pregnancy-related complaints, with approximately 2,700 such cases filed with the EEOC during fiscal year 2024. These statistics underscore the potential impact of any regulatory modifications on thousands of American workers.
Broader Implications of Rule Changes
The current regulations cover a wide spectrum of pregnancy-related physical and mental conditions, requiring employers to provide reasonable accommodations unless they can demonstrate that such adjustments would cause significant difficulty or expense to their operations.
Democratic EEOC Commissioner Kalpana Kotagal voiced strong opposition to potential weakening of these protections in a statement to Reuters: "Efforts to weaken the PWFA's meaningful worker protections, which have been shown to reduce miscarriage rates by nearly 10 percent, are misguided. We should be standing up for women and families, not weakening their civil rights."
Additional Case Illustrates Systemic Challenges
The potential consequences of regulatory changes extend beyond individual cases to systemic workplace challenges. Willamina Barclay, now 38, experienced difficulties when her March 2025 pregnancy was classified as "high-risk" following a previous miscarriage.
According to her interview and EEOC complaint, supervisors at her Amazon warehouse in Rochester, New York, denied her requests for lower-stress tasks despite medical recommendations. In June, Barclay reported experiencing severe abdominal pain after lifting heavy objects, eventually requiring wheelchair transport to a hospital in front of Amazon human resources staff and supervisors.
Amazon ultimately terminated Barclay's employment, citing excessive use of unpaid time off in violation of company policies. "We strive to provide a safe and supportive environment for everyone," said Amazon spokesperson Kelly Nantel in a statement. "We'll keep listening to our teams and investigating any concerns they raise, and if we find that we got something wrong, we work hard to make it right."
Regulatory Uncertainty Compounds Worker Difficulties
Barclay's situation highlights how regulatory changes can complicate existing cases. Although the EEOC marked her complaint as suitable for mediation, her attorney reported that Barclay must wait while Amazon considers whether to participate in meetings. Meanwhile, the agency may be evaluating potential investigation and litigation options while simultaneously considering rule changes that could undermine her case.
For Barclay, this uncertainty comes at a particularly challenging time. She is currently unemployed with a newborn baby boy, facing financial pressures without resolution in sight. "When you get fired, your bills don't stop, your kids don't stop, your babies don't stop, your family at home don't stop," she emphasized in her interview.
The evolving situation at the EEOC represents a pivotal moment for workplace protections, with potentially far-reaching consequences for pregnant workers, employers, and the legal landscape surrounding pregnancy discrimination in the United States.
