EEOC lawsuit targets pregnancy discrimination in the workplace

A bakery in New Orleans illegally fired a pregnant employee, the Equal Opportunity Employment Commission (EEOC) claimed in a new pregnancy discrimination lawsuit.

The complaint alleged the Louisiana bakery violated two federal laws: Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA).

Here’s what happened, according to the suit.

Why was this pregnant worker fired?

Doing business as Gracious Bakery + Café, Gracious, LLC fired a pregnant employee who missed “two shifts to seek emergency medical treatment related to her pregnancy,” the EEOC asserted.

The employee had recovered and was prepared to return to work within two days.

Even so, the bakery terminated the woman’s employment, allegedly because managers believed “her pregnancy complications created a reliability issue.” The woman was allegedly told the bakery would rehire her after she had given birth.

The EEOC filed a lawsuit on the employee’s behalf. The suit claimed that the woman was able to do the functions of her job, but the bakery terminated her employment due to “perceived impairments and conditions related to her pregnancy.”

In the EEOC’s view, the alleged conduct amounted to violations of Title VII, which prohibits discrimination based on pregnancy and related medical conditions, and the ADA, which prohibits discrimination against a qualified individual due to a pregnancy-related impairment that the employer regards as a disability.

“A pregnant worker is protected against discrimination by federal law,” said Rudy Sustaita, regional attorney for the EEOC’s Houston District Office. “An employer who acts on harmful stereotypes about a pregnant worker’s reliability violates the law.”

Michael Kirkland, director of the EEOC’s New Orleans Field Office, said, “A pregnant worker has a right to an equal opportunity in the workplace, and the EEOC works to safeguard equal opportunity for all pregnant workers.”

We’ll keep you posted.

Expensive mistake: Pregnant worker gets $50K

In a similar, but separate case, the EEOC recently reached a settlement with a Georgia employer accused of pregnancy discrimination and retaliation.

The suit claimed Bakotic Pathology Associates, LLC, a pathology lab, fired a pregnant woman while she was out on approved medical leave shortly after she complained to the lab’s Chief Operating Officer about pregnancy discrimination.

To settle the lawsuit, the lab agreed to pay $50,000 to the woman and provide other relief, including:

• Provide its employees with specialized training on Title VII’s prohibitions against sex discrimination and retaliation
• Circulate Title VII policies and its internal complaint reporting procedures to its employees,
• Report complaints of pregnancy discrimination to the EEOC during the term of the consent decree, and
• Post a notice outlining the general requirements of Title VII at each facility.

“The EEOC remains steadfast in its commitment to the enforcement of laws that protect women from unlawful discrimination,” said Atlanta Office District Director Darrell Graham.  “The EEOC will use all tools at its disposal to root out pregnancy discrimination, including the federal Pregnant Worker Fairness Act (PWFA), which was enacted last year.”

How HR can help prevent pregnancy discrimination

The good news is, HR can take steps to help “mitigate legal liability for pregnancy-based discrimination, harassment and retaliation,” employment attorneys Jill Vorobiev and Mallory McCarthy have previously told HRMorning. For example, to help prevent pregnancy discrimination, employers can:

• Implement and enforce workplace policies that prohibit pregnancy-based discrimination. Maintain EEO and anti-discrimination policies and procedures that, among other things, prohibit pregnancy-based discrimination with regard to all employment decisions, including hiring, promotion, discipline and discharge. Employers should ensure managers are familiar with the policies and procedures.
• Train managers to effectively handle aspects of employment that may impact pregnant employees. Manager training may include discussions on when it’s necessary to loop HR into the conversation to help navigate the reasonable accommodation process with employees who are pregnant or are requesting accommodation for related medical conditions. This training may include specifics on the Pregnant Workers Fairness Act.