FOR IMMEDIATE RELEASE
January 16, 2025
EEOC Files Agency’s First Subpoena Enforcement Action Under the Pregnant Workers Fairness Act
Federal Agency Moves for Court Order After Shipping Personnel Provider Refuses to Provide Information Relevant to Federal Investigation
CHICAGO – The U.S. Equal Employment Opportunity Commission (EEOC) filed a subpoena enforcement action against R&L Carriers Shared Services, LLC, a freight transportation and logistics services personnel provider doing business in Illinois, to enforce a subpoena which the EEOC issued during the investigation of a charge of sex and pregnancy discrimination filed against the company, the federal agency announced today.
The EEOC is investigating a charge of discrimination filed by a driver working for R&L Carriers in Matteson, Illinois. The driver alleges that R&L Carriers discriminated against her based on her sex and failed to reasonably accommodate her pregnancy-related restrictions and placed her on involuntary unpaid leave.
To investigate this employee’s claims, the EEOC’s subpoena sought, among other items, a list of employees (with their contact information) who worked at the same location and a list of any drivers in Illinois, Wisconsin, Minnesota, Iowa, South Dakota and North Dakota who requested accommodations for pregnancy-related restrictions. The EEOC filed suit (EEOC v. R&L Carrier Shares Services, LLC, Case No. 25-528) in U.S. District Court for the Northern District of Illinois. The case is assigned to U.S. District Judge Lindsay Jenkins.
The Pregnant Workers Fairness Act of 2022 (PWFA) specifically forbids placing an employee on leave when another reasonable accommodation is available; the law mandates that employees should be able to continue working if possible. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause the employer an undue hardship. A reasonable accommodation under the PWFA can include temporarily excusing an employee from performing the essential functions of her job if the employee will be able to perform those functions in the near future, and the inability to perform the essential functions can be reasonably accommodated, such as through modified or light duty.
Both Title VII of the Civil Rights Act of 1964 and the PWFA, which became effective on June 27, 2023, authorize the EEOC to investigate alleged violations.
“Assuring expeditious investigation of all charges, particularly those under a new law like the PWFA, is a priority,” said Amrith Kaur Aakre, district director of the EEOC’s Chicago District Office. “It is important that we obtain relevant information to be able to determine whether the law is being violated and ensure both Title VII and the PWFA are being followed and enforced.”
The EEOC’s Chicago District Regional Attorney Gregory Gochanour said, “If an employer fails to comply with a subpoena issued during an investigation and withholds relevant information, the EEOC will seek court enforcement so that investigations can be completed and a determination made without unnecessary delay.”
For more information on the Pregnant Workers Fairness Act, please visit https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act.
The EEOC’s Chicago District Office has jurisdiction over Illinois, Wisconsin, Minnesota, Iowa, South Dakota and North Dakota.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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