An in-home caregiving provider in South Carolina agreed to pay $324,200 and provide additional relief to resolve a discrimination charge filed with the US Equal Employment Opportunity Commission (EEOC), the agency announced on April 23, 2026.
In its investigation, the EEOC determined there was reasonable cause to believe the company discriminated against a new employee attending orientation in November 2023, in violation of multiple federal anti-discrimination laws.
During orientation, the employee notified the company of her pregnancy, and the company instructed her to obtain medical clearance. The EEOC found that after the employee reported a pregnancy-related limitation, the company failed to provide a reasonable accommodation and ultimately terminated her employment, despite her ability to perform the essential functions of the position with or without accommodation.
The EEOC found reasonable cause to believe the company violated Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA) by requiring an unlawful medical exam, failing to accommodate, and terminating the employee. The agency also found reasonable cause to believe that the company’s statewide hiring practice of requiring disclosure of family medical information violated the Genetic Information Nondiscrimination Act (GINA).
During the pre-litigation conciliation process, the company agreed to provide monetary relief totaling $324,200 to the affected employee and more than 1,000 former and current candidates and employees. The company will also provide anti-discrimination training for all human resources personnel, managers, and decision-makers, and post EEOC notices, including a notice regarding the resolution of this matter, in conspicuous places. The EEOC will monitor compliance with the agreement for two and a half years.
“Title VII and the PWFA, both enforced by the EEOC, provide robust protections against pregnancy discrimination for workers,” said Betsy Rader, director of the EEOC’s Charlotte District Office. “It is imperative that employers routinely provide updated training to supervisors and other decisionmakers on equal employment opportunity laws to protect both employees and employers. GINA is a lesser known, but important law employers should be familiar with and follow.”
Compliance Perspective
Issue
Federal law prohibits discrimination based on pregnancy, childbirth, related medical conditions, and genetic information in employment. Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits discrimination on the basis of pregnancy and related conditions. The PWFA requires covered employers to provide reasonable accommodations for known pregnancy-related limitations unless doing so would impose an undue hardship. The ADA may also apply where a pregnancy-related condition qualifies as a disability. In addition, GINA prohibits employers from requesting, requiring, or using genetic information, including family medical history, in employment decisions. These laws apply across all stages of employment and restrict both discriminatory practices and improper medical or information-gathering inquiries.
Discussion Points
- Facilities should review policies and procedures related to equal employment opportunity, reasonable accommodations, pre-employment inquiries, and medical information. Policies should clearly define what information may be requested during hiring and employment, outline appropriate processes for handling accommodation requests, and prohibit the collection of genetic or family medical information except where expressly permitted by law. Facilities may benefit from working with a qualified compliance professional or external consultant to conduct focused policy reviews or mock assessments to identify potential gaps and align practices with regulatory requirements.
- Human resources personnel, supervisors, and facility leadership should receive regular training on pregnancy discrimination, accommodation obligations, and restrictions on medical and genetic information inquiries. Training should emphasize recognizing accommodation requests, responding appropriately, and understanding the limits on pre-employment and employment-related questions. Med-Net Academy offers the courses Pregnancy and Work Accommodations, which reviews federal protections for pregnant applicants and employees, including accommodation requirements and anti-retaliation provisions, and Interview Questions: What Can Be Asked and What Cannot, which provides guidance on lawful interview practices, including appropriate and impermissible questions.
- Periodic audits should be conducted to evaluate hiring practices, accommodation processes, and the handling of employee medical information. Audits may include reviewing applications, interview protocols, and personnel files to ensure compliance with applicable laws and internal policies. Facilities may also consider engaging external support to perform mock surveys or targeted compliance reviews to help identify potential areas of risk and support ongoing quality improvement efforts. Contact Med-Net Healthcare Consulting or info@mednetconcepts.com for more information.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*