A recently filed nationwide class action lawsuit against Amazon (1:26-cv-05531-OEM-RML Barclay et al v. Amazon.com Services, LLC) serves as a reminder that employers should address pregnancy accommodation requests and ensure policies comply with the Pregnant Workers Fairness Act (PWFA). According to the lawsuit, four former warehouse employees allege that Amazon systematically denied accommodations to pregnant workers, including requests for chairs, bathroom and water breaks, light-duty work, and leave for prenatal appointments. The plaintiffs further allege that pregnant employees were disciplined or terminated for absences related to pregnancy-related medical needs.
The lawsuit follows a February 2026 finding by the Equal Employment Opportunity Commission (EEOC) of reasonable cause to believe that Amazon “discriminated against a nationwide class of female warehouse associates, based on their pregnancy, by failing to accommodate their limitations related to pregnancy, childbirth, and/or related medical conditions, and in some instances forcing them to take leave, in violation of the PWFA.” The EEOC’s finding was made in connection with a Charge of Discrimination filed by one of the named plaintiffs.
As of the date of this alert, Amazon has not filed a formal response to the complaint. However, Amazon spokesperson Kelly Nantel has publicly denied the allegations, stating that the lawsuit “contains inaccuracies” and “denied that [Amazon] violates federal law on pregnancy accommodations.”
The Pregnant Workers Fairness Act
The PWFA, which took effect in June 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship on business operations. Reasonable accommodations include the ability to sit while working, temporary light-duty assignments, modified work schedules, and leave for prenatal appointments, among others.
The law was enacted to address situations in which pregnant workers historically may have been forced onto leave, denied accommodations, or disciplined because of pregnancy-related restrictions.
Key Employer Takeaways
The lawsuit illustrates that pregnancy accommodation compliance remains an active enforcement and litigation priority. Employers that have not recently reviewed their accommodation procedures should consider:
- Training Supervisors to Recognize Accommodation Requests: Employees are not required to use specific legal terminology when requesting accommodations. A simple statement that a pregnancy-related condition is affecting their ability to perform their job may be enough to trigger an employer’s obligation to engage in the interactive process. Since supervisors frequently receive these requests first, employers should ensure managers understand how to identify accommodation issues and promptly elevate them to Human Resources.
- Engaging in the Conversation Promptly: When a request is made, employers should engage in a timely, individualized discussion with the employee to understand the limitations and explore reasonable solutions. Employers should work with their employees to create accommodations rather than immediately denying requests or placing employees on leave.
- Reviewing Policies: The allegations in the Amazon lawsuit focus heavily on attendance-related discipline arising from pregnancy-related absences. Employers should carefully review attendance and leave policies to ensure they do not inadvertently penalize employees for pregnancy-related medical needs, accommodation requests, or approved leave.
- Maintaining Consistent Documentation: Employers should document accommodation requests, interactive process discussions, accommodations considered, and decisions made. Consistent documentation can help demonstrate good-faith compliance efforts and provide critical evidence if a dispute later arises.
By acting proactively, employers can reduce the chances of future legal challenges. For questions about complying with the Pregnant Workers Fairness Act, reach out to the employment attorneys at Poyner Spruill.
