Fired Over Pregnancy? Plant Nursery to Pay $40K to Settle EEOC Lawsuit

When employers mishandle pregnancy leave, the risks go beyond inconvenience – they can lead to legal trouble and financial penalties. A Maryland plant nursery just found that out, agreeing to pay $40,000 to settle an EEOC lawsuit over pregnancy discrimination.

For HR leaders, this case highlights how mismanaging pregnancy leave can open the door to legal and financial fallout. Here’s what happened — and how to avoid similar missteps.

Worker Wasn’t Allowed to Return After Maternity Leave

This case involves Kurt Bluemel, Inc., a plant nursery in Baldwin, Maryland, and an employee who had worked for the company since 2017.

According to the employee, she requested maternity leave in September 2023 and planned to go back to work after giving birth. But when she attempted to return in December 2023, she was told that no work was available. 

The problem, she said, was that the employer had hired employees who weren’t pregnant before and after her attempted return. She filed a complaint with the EEOC.

EEOC Files Pregnancy Discrimination Lawsuit

In the EEOC’s view, the alleged conduct violated the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. These laws prohibit discrimination based on pregnancy.

The agency filed a lawsuit in federal court in Maryland after first trying to settle the matter through its conciliation process.

“The Pregnant Workers Fairness Act ensures that women who become pregnant will be able to participate in productive work and earn a living,” EEOC Philadelphia Regional Attorney Debra M. Lawrence said in a press release. “The EEOC will continue to enforce this vital federal law.”

Ultimately, the employer agreed to settle the matter out of court. It agreed to pay $40,000 to the former employee. A consent decree resolving the case enjoins the employer from discriminating against anyone based on pregnancy in the future and compels it to:

• Implement a policy prohibiting pregnancy discrimination and distribute it to all employees
• Provide appropriate training on that policy and on the requirements of the PWFA and Title VII to all supervisors, managers and other employees, and
• Post a remedial notice about the settlement.  

Action Steps for HR

HR leaders should assess their company’s pregnancy policies now, before facing a similar legal claim. The EEOC’s annual report shows that of the agency’s lawsuits filed in FY 2024, well over half (59%) included a Title VII claim and nearly 5% included a PWFA claim.

Audit & Update

• Review the policy. Review – and if needed, revise – your pregnancy‑discrimination policy. Outline clear steps for employees and managers to take before, during and after leave.
  
  Tip: Spell out who does what and when (e.g., “HR reviews requests within three business days” and “manager confirms return date 30 days before leave end”).
  
• Refresh your handbook. Update your employee handbook to include the revised policy and ensure everyone knows where to find it.
  
  Tip: In a Voices of HR episode, employee advocate attorney Joyce Collier suggested putting an accommodation form in the handbook that employees can submit to HR, which provides an accessible way to get the interactive process conversation started.
  
• Outline your procedures. Define your return‑to‑work process end-to-end. Document how leave requests are handled, set clear timelines for approvals and return‑date confirmations, and ensure positions (or equivalent roles) are held.
  
  Tip: Build in triggers – automated reminders and calendar invites – so nothing slips through the cracks.

Implement & Communicate

• Provide compliance training. Hold short, scenario‑based sessions for people managers on your obligations under the PWFA and Title VII.
  
  Tip: Use two or three realistic examples (e.g., “an employee needs a schedule change” or “someone’s due date shifts”) to keep it focused and memorable.
  
• Monitor staffing decisions. Before hiring to fill a gap or reassigning duties, verify you’re not displacing someone protected by pregnancy status.
  
  Tip: Make “protected‑status check” a mandatory field in any requisition or change‑order form.
  
• Prioritize ongoing learning. Stay current with EEOC guidance – track enforcement trends and incorporate best practices into your procedures.
  
  Tip: Assign one person (for example, your compliance lead) to monitor EEOC guidance updates and share new info as needed.
  
• Develop a communication strategy. Plan how and when you’ll announce policy and process changes to managers, employees and other stakeholders.
  
  Tip: Send an initial email announcement, post details on your intranet news board and include a brief slide deck or talking points in your next team meeting.

Proactive steps now can prevent costly claims later – and reinforce your company’s commitment to fair treatment for all employees.