EEOC Sues Fred Meyer Over Pregnancy Discrimination Lawsuit

Pregnant workers and retail employees in Southwest Washington face new legal scrutiny regarding workplace accommodations after federal regulators filed a discrimination lawsuit against a major grocery subsidiary, opb.org reported. The U.S. Equal Employment Opportunity Commission filed the suit in U.S. District Court in Tacoma on Wednesday, targeting Portland-based grocery subsidiary Fred Meyer over its treatment of two pregnant employees at a store in Vancouver, Washington, in 2023.

Federal Lawsuit Targets Vancouver Fred Meyer Store Over Pregnancy Discrimination Claims

Samantha Pennington, who was about three months pregnant in July 2023, met with her store manager and a human resources representative at the Vancouver Fred Meyer location, where she received a warning for missed shifts caused by pregnancy. When Pennington offered to bring a doctor note, her manager told her not to bother, according to the lawsuit. Pennington later provided medical documentation in August 2023 and requested a position transfer to more easily access the restroom, but management denied the request. In October 2023, Pennington requested time off for childbirth and was fired later that same day.

A second pregnant employee experienced a similar situation at the same Vancouver store that year and is referred to in the lawsuit as an unnamed class member. EEOC lawyers stated in the filing that Fred Meyer violated the Pregnant Workers Fairness Act by failing to provide both workers with reasonable accommodations and by taking adverse employment action, including termination, in retaliation for their accommodation requests. A Fred Meyer spokesperson told opb.org via email that the Kroger subsidiary does not comment on active litigation.

Legal Standards Under the Pregnant Workers Fairness Act

The federal legislation governing these events is the Pregnant Workers Fairness Act, which took effect in June 2023. The statute requires employers to make reasonable accommodations for limitations due to pregnancy and childbirth, and it guarantees that a worker cannot be fired due to pregnancy.

Lawsuits brought directly by the EEOC are relatively rare among the thousands of complaints the agency receives annually. Former EEOC Commissioner Chai Feldblum, who served from 2010 to 2018, told opb.org that the agency typically takes about 150 cases to court each year. Such legal action occurs when the commission identifies systemic discrimination, particularly egregious behavior, or violations in areas the agency has prioritized.

Internal Debate Follows Appointment of New EEOC Chair

The federal enforcement action unfolds during a period of internal debate at the EEOC regarding agency resource allocation under current leadership. Feldblum, who currently leads the nonprofit Equal Employment Opportunity Leaders, noted that some former federal officials have raised concerns about partisanship influencing agency oversight following the appointment of Andrea Lucas as EEOC chair by President Donald Trump in November.

While critics have questioned some cases pursued under Lucas—such as a lawsuit against shoemaker Nike regarding diversity, equity, and inclusion programs—Feldblum stated that the enforcement action against Fred Meyer aligns with the agency’s core mission to address extreme discrimination. Lucas has also narrowed the interpretation of the Pregnant Workers Fairness Act regarding abortion-related protections while maintaining that safeguarding workers during pregnancy remains a primary focus.

Jury Trial Request and Next Court Actions

In the federal lawsuit, the EEOC is asking the court to order Fred Meyer to change its policies moving forward. The agency has also requested a jury trial to determine whether financial damages are owed to the former employees affected by the terminations and denied accommodations.