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MURPHY, Circuit Judge.

Plaintiff-Appellant, the Equal Employment Opportunity Commission (the “Commission”), brought a public enforcement action against Defendant, Horizon/CMSHealthcare Corporation. Seeking relief for four charging parties (the “Charging Parties”) under the Pregnancy Discrimination Act, 42 U.S.C. � 2000e(k), theCommission filed a complaint with the United States District Court for the District of New Mexico alleging Defendant had unlawfully denied the Charging Parties anda group of similarly-situated pregnant employees the opportunity to work modified duty when they became temporarily unable to perform heavy lifting due to theirpregnancies. Defendant purportedly based its decision on a company policy allowing modified duty only for those employees injured on the job.

 
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