Amazon Faces PWFA Claim From Worker Who Suffered Ectopic Pregnancy

Since taking effect in 2023, the Pregnant Workers Fairness Act (PWFA) has provided legal protections for women during their pregnancy and in the timeframe following childbirth. In many ways, the PWFA reflects the Americans with Disabilities Act (ADA) in that it requires businesses with 15 or more employees to offer reasonable accommodations to women so they can receive medical treatment, avoid overexertion and bond with their new infants. 

After the law was passed however, there were questions about whether certain pregnancy-related matters were covered under the PWFA. Regulations finalized in April 2024 by the Equal Employment Opportunity Commission (EEOC) expanded the scope of pregnancy-related conditions to include termination of pregnancy, encompassing miscarriages, stillbirths and abortions. Even with this update, there still is area for dispute though. 

In Joseph v. Amazon.com Services LLC, an employee of the online retail giant has filed a lawsuit after her request for leave due to an ectopic pregnancy was denied. Farah Joseph had sought five weeks of unpaid leave so that she could undergo surgery for her potentially life-threatening condition and have time to recover. Joseph provided supporting documentation from her doctor and alleges she was eligible for the time off not only under the PWFA, but also the ADA and Family and Medical Leave Act. Amazon disagreed and terminated her employment due to her five-week absence. 

Given the fact the PWFA is so new, questions about specific conditions and accommodations still exist and this case involving a company that employs more than 1 million Americans could be significant. Though it does not specifically affect Ms. Joseph’s lawsuit, the legal landscape in this area was further complicated by the decision of a federal judge in Louisiana vacating part of the EEOC's regulation that required employers to accommodate elective abortions.

Ms. Joseph’s lawsuit against Amazon also highlights the broader discussion around expectant mothers and workplace accommodations. Women need to be aware of their rights under the PWFA and other potentially applicable laws.

Kardell Law Group advocates for pregnant women and other employees whose workplace rights have been violated. Even if you’re not sure if you have a legal claim, we will examine the facts of your situation and advise you of your options and potential remedies.