Amazon Accused of Denying Leave to Worker with Ectopic Pregnancy
According to the U.S. Equal Employment Opportunity Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) is an “accommodation statute.” In other words, employers are expected to make reasonable accommodations for pregnant workers similar to the requirements of the Americans with Disabilities Act (ADA). However, the PWFA’s accommodation requirement is broader than the ADA’s. Unlike the ADA, the PWFA’s requirement applies even if the pregnancy-related condition isn’t severe. Employers are not required to make a reasonable accommodation if it would cause “undue hardship” to the employer.
As of April 2024, EEOC regulations defined pregnancy-related conditions as those including “termination of pregnancy, including via miscarriage, stillbirth, or abortion.” However, on May 21 of 2025, a federal judge in Louisiana vacated the part of the regulation that required employers to provide accommodations for elective abortions. The judge, however, made it clear that the order does not affect abortions stemming from the underlying treatment of a medical condition related to pregnancy. The EEOC has also stated that the PWFA covers stillbirth.
Employers need to keep in mind that pregnancy-related matters often intersect with other employment statutes, such as the ADA and the Family and Medical Leave Act (FMLA). The ADA requires employers to provide reasonable accommodations for pregnant workers. Under both the ADA and the PWFA, short-term leave is considered a reasonable accommodation.
Now, Amazon finds itself in trouble for violating the rights of one of its workers. At the very least, employers must engage in an interactive process with the employee who is requesting an accommodation. The Amazon worker alleged that her employer denied her request and fired her without ever engaging in the interactive process. She also alleged that Amazon violated the FMLA, which allows eligible employees to request up to 12 weeks of unpaid leave in a calendar year for a “serious medical condition.”
According to the U.S. Department of Labor, a “serious medical condition” is “an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.” The statute includes “any period of incapacity related to pregnancy or for prenatal care.”
According to the plaintiff’s lawsuit, the plaintiff was fired after Amazon allegedly refused to grant her leave. She alleges that she had a life-threatening ectopic pregnancy. Before she missed her shift, the worker notified Amazon of her diagnosis via an employee app. In the notice, she requested an unpaid, five-week leave of absence to undergo surgery and recover from having the embryo removed from her fallopian tube. In addition, she emailed her HR contact about her diagnosis and leave request. Her healthcare provider faxed Amazon confirmation of her ectopic pregnancy, surgery, and recovery time.
In response, Amazon allegedly refused to grant the worker’s request for leave under the FMLA and then fired her because she wasn’t approved for leave.
Talk to a Tampa, FL, Family and Medical Leave Act Attorney Today
The Tampa employment attorneys at Florin Gray represent the interests of workers who have been illegally fired for requesting time off due to a family or medical problem. Call our office today to schedule an appointment, and we can begin investigating your allegations today.
Source:
hrdive.com/news/amazon-ectopic-pregnancy-pwfa-fmla-lawsuit/749508/
