Kroger subsidiary Fred Meyer Stores, violated federal law when it failed to accommodate pregnant employees, retaliated against them, and fired them for requesting reasonable accommodations, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the EEOC’s lawsuit, a pregnant employee at a Fred Meyer store in Vancouver requested an accommodation for severe nausea and vomiting due to her pregnancy in July 2023. Instead of accommodating her, Fred Meyer cut her hours, disciplined her for pregnancy-related absences, and refused to accommodate her pregnancy-related limitations. The defendant also refused to consider her for an open position in another department, which would have accommodated her need to quickly use the restroom when nauseated. Fred Meyer terminated her in October 2023 because of her pregnancy-related absences and accommodation requests, according to the suit.
The suit also claims another pregnant employee at the same store asked for an accommodation for her pregnancy-related morning sickness in September 2023, but the company refused to address her need while subjecting her to discipline and terminated her shortly thereafter.
“The Pregnant Workers Fairness Act adopts the interactive process concept that employers, by now, should be very familiar with from the Americans with Disabilities Act,” said EEOC Seattle Field Office Director Elizabeth Cannon. “An employer may not ignore an employee’s clear, repeated request for pregnancy accommodation or refuse to consider notes from the employee’s healthcare providers. The law expects the employer to engage in the interactive process to determine what accommodations are available to keep pregnant employees who want to work, working.” EEOC Senior Trial Attorney Brian Hong said, “The EEOC is ready to vigorously protect the rights of employees who are pregnant to the full extent of the law.”
The alleged conduct violates the Pregnant Workers Fairness Act (PWFA), which requires employers to provide a reasonable accommodation to a qualified employee’s known limitations related to affected by, or arising out of, pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The EEOC filed suit (EEOC v. Fred Meyer Stores, Case No. 3:26-cv-06193) in the U.S. District Court for the Western District of Washington after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
