A manager at a restaurant tells her employer she's pregnant. The owners tell her they're uncomfortable with her working the floor while visibly pregnant. They pressure her to take leave earlier than she planned. She goes six weeks before her due date, even though she was ready and able to keep working. Then she asks for two extra weeks of leave after the baby comes.
They fire her. And hire a man to take her place.
That is not a hypothetical. That is the core of a lawsuit the EEOC filed against Proper 21, a restaurant chain in Washington, D.C. The EEOC announced the suit on June 1, 2026. If you run a business with employees, you need to read this before it becomes your story.
What the Law Actually Says
The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. It has been federal law since 1978. Under that law, employers cannot fire, demote, or push out an employee because she is pregnant, on maternity leave, or because she recently gave birth.
The law applies to employers with 15 or more employees.
That threshold matters. Because the second law most business owners think of here is the Family and Medical Leave Act, which applies to employers with 50 or more employees. A lot of small business owners hear they don't hit the FMLA threshold and assume they're clear. They're not. The Pregnancy Discrimination Act kicks in at 15 employees. If you're above that number, these rules apply to you.
And since June 27, 2023, the Pregnant Workers Fairness Act adds another layer. Employers with 15 or more employees are now required to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship. The law does not require you to grant every request. It does require you to take those requests seriously and respond in good faith.
Where the Proper 21 Case Goes Wrong
In the EEOC's lawsuit against Proper 21, the owners told the manager they weren't comfortable with her working the restaurant floor while several months pregnant. That conversation is now an exhibit.
Under the Pregnancy Discrimination Act, you cannot remove a pregnant employee from her job or pressure her into early leave because you believe working poses a risk to her or her pregnancy. That decision belongs to her and her doctor. Not you. The moment you start steering her toward the exit because of her pregnancy, you have crossed the legal line, regardless of your motivation.
Good intentions do not resolve a discrimination claim. If pregnancy was a motivating factor in your employment decision, that is a violation. The employer's discomfort does not change that. Concern for the employee's wellbeing does not change that. A genuine belief that you were doing the right thing does not change that. Under the law, pregnancy cannot be the reason.
What This Looks Like in a Small Business
These situations are common. A manager tells you she's pregnant. You start thinking about coverage. You wonder how long she plans to work. You ask more questions than you normally would. You suggest maybe she should start her leave a little early, just to be safe.
Every one of those steps is a problem. And it is not just about what you say. It is about the pattern. If an employee's pregnancy changed how you treated her, that pattern becomes evidence.
The comparison test is the clearest guide the EEOC gives employers: would you have made this decision if the employee were not pregnant? If the answer is no, stop. If you have already acted, call an HR professional before the situation escalates.
Three Things to Get Right Before This Becomes Your Problem
You do not need a legal team to handle this correctly. You need clear policies and the discipline to follow them consistently.
Write down exactly how your business handles pregnancy leave requests before someone asks. A policy that does not exist on paper cannot protect you.
Train every manager who has direct reports. The words people say in hallway conversations become the evidence in EEOC complaints. If your managers do not know what they cannot say, they will say it.
Apply the same standard to every employee. If a pregnant employee asks for an accommodation, compare that request to how you handle similar requests from other employees with temporary physical limitations. The PDA requires equal treatment, not special treatment.
If you are running a business with 15 to 500 employees and you do not have a written pregnancy accommodation and leave policy, you are taking on risk you do not have to carry. That is exactly what a fractional HR consultant for small business is built for.
Want help making sure your business is on the right side of this? Schedule a free 30-minute discovery call with Ricky Baez at baezco.com/contact-us.