Option Care to Pay $50,000 in EEOC Pregnancy Discrimination Lawsuit

NEW YORK - Option Care Enterprises, Inc., a Bannockburn, Illinois-based chain of infusion therapy services providers across the nation, will pay $50,000 and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

In its lawsuit, the EEOC charged that in May 2023, one of Option Care's Massachusetts locations failed to accommodate a pregnant nurse's request to reduce her travel time to in-home infusion therapy appointments by assigning her to appointments within a 45-minute drive. According to the suit, Option Care denied the reasonable accommodation even after the employee pointed out her rights under the Pregnant Workers Fairness Act (PWFA). After a month waiting for a response to her accommodation request, the nurse was forced to resign to protect her health.

"This case highlights the need for employers to understand the Pregnant Workers Fairness Act and to review and update their policies to ensure full compliance with it," said Kimberly A. Cruz, regional attorney for the EEOC's New York District. "Providing a scheduling accommodation that would allow an employee to continue working through her pregnancy is the kind of accommodation that is reasonable under the statute, absent undue hardship."

Such alleged conduct violates the PWFA, which prohibits an employer from failing to reasonably accommodate an employee's qualifying disability, absent undue hardship. The EEOC filed suit (EEOC v. Option Care Health, Inc., Civil Action No. 1:25-cv-12817) in U.S. District Court for the District of Massachusetts after first attempting to reach a pre-litigation settlement through its conciliation process.

Arlean Nieto, acting director of the EEOC's New York District, said, "The EEOC is committed to enforcing the PWFA and holding employers accountable for denying reasonable accommodations to pregnant employees."

In addition to monetary relief, the consent decree resolving the lawsuit requires training for HR professional and management-level employees; updates to the company's policies and procedures concerning accommodations for pregnant workers; an annual executive message on the issue; compliance-related reporting to the EEOC; and the posting of a notice in the workplace informing employees of the settlement and their rights under federal anti-discrimination law.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination .

The EEOC's New York District Office has jurisdiction over New York, northern New Jersey, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov .