Kroger-Owned Fred Meyer Fired a Pregnant Worker the Same Day She Requested Time Off for Childbirth, the EEOC Says

Kroger-owned Fred Meyer allegedly fired a pregnant employee on the same day she requested time off for childbirth, after previously disciplining her for pregnancy-related absences and refusing to consider her for another position, according to a federal lawsuit filed by the US Equal Employment Opportunity Commission (EEOC).

The EEOC filed the lawsuit on 30 September 2026, alleging pregnancy discrimination against two employees at the supermarket chain's Vancouver, Washington store in 2023. The allegations have not been proven in court.

Medical Note Offer Dismissed as Requests Were Denied

According to the lawsuit, Samantha Pennington was about three months pregnant in July 2023 when she met with her manager and a human resources representative. She received a warning for missing shifts, explaining that her absences were related to her pregnancy.

Pennington offered to obtain a doctor's note, but her manager reportedly told her 'not to bother.' She nevertheless provided medical documentation in August. By then, she had also requested a transfer to another position that would allow her to reach a restroom more easily when experiencing pregnancy-related nausea. The company allegedly denied that request.

In October 2023, Pennington requested time off for childbirth. The lawsuit alleges that Fred Meyer terminated her later that same day because of her pregnancy-related absences and accommodation requests. The lawsuit also claims that the company failed to accommodate a second pregnant employee's morning sickness in September 2023, disciplined her, and terminated her shortly afterward.

EEOC Alleges Violations of Federal Pregnancy Law

The EEOC alleges that Fred Meyer violated the Pregnant Workers Fairness Act (PWFA) by failing to provide both employees with 'reasonable accommodations for pregnancy.' The agency also alleges that Fred Meyer 'took adverse action—including termination—against both women on account of their requests for reasonable accommodation and in retaliation for their protected conduct under the statute.'

The PWFA took effect on 27 June 2023. It requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions, unless doing so would cause undue hardship. It also prohibits covered employers from taking specified adverse actions against employees for requesting or using reasonable accommodations. A Fred Meyer spokesperson told Oregon Public Broadcasting (OPB) that it does not comment on active litigation.

Why the Case Stands Out

The lawsuit is notable because the EEOC takes only a fraction of the matters it handles to court. Former EEOC Commissioner Chai Feldblum, who served from 2010 to 2018, told OPB that the agency takes roughly 150 cases to court annually. She said such lawsuits may involve systemic discrimination, particularly egregious conduct or issues the agency has prioritised.

The EEOC is seeking changes to Fred Meyer's policies and has requested a jury trial to determine, among other matters, whether the former employees are entitled to damages.

Case Emerges Amid Scrutiny of the EEOC

The lawsuit comes as the agency faces criticism from former officials over its enforcement priorities under President Donald Trump. Trump designated Andrea Lucas as EEOC chair in November 2025. Feldblum and other former commissioners argue that Lucas is using the agency's dwindling resources to pursue cases they view as politically motivated.

One example is the EEOC's investigation into allegations that Oregon-based shoemaker Nike's DEI programmes discriminated against white employees. President Donald Trump has repeatedly opposed diversity, equity, and inclusion (DEI) initiatives and issued an anti-DEI executive order shortly after taking office.

Although Feldblum believes some lawsuits pursued under Lucas are politically motivated, she does not view the Fred Meyer case as one of them. 'The EEOC should be focusing on where the most extensive and extreme discrimination is happening, and this Fred Meyer case is a good example,' Feldblum said.'