May 16, 2025
Pregnancy Discrimination: Good Intentions Gone Awry?
On May 15, 2023, a former employee filed a claim of pregnancy discrimination after she was fired. She was a bartender. The employer’s explanation to her was, in part, that they were “genuinely scared something bad is going to happen to you. That Saturday after you left, Josh and I had to throw out two dudes who were about to like fight…[we’re] not trying to screw you over…[you’re] just too much of a liability…parting ways until after the baby is basically what I can say.”
Almost exactly two years later, on May 16, 2025, the claim was settled. In addition to paying the employee $42,000, the employer also agreed to:
- adopt and implement a written, anti-discrimination policy that prohibits
discrimination on the basis of pregnancy and includes 17 specific statements; - provide copies of the policy to all employees and to all new employees at the time they are hired;
- add a copy of the policy to the employee handbook;
- provide no less than two hours of anti-discrimination training to all employees and managers that covers (1) pregnancy discrimination under Title VII of the Civil Rights Act of 1964; (2) pregnancy related accommodations required by the Pregnant Workers Fairness Act; and/or the Americans with Disabilities Act;
- provide refresher training of at least one hour each year for three years;
- provide all employees with a specific notice provided by the EEOC and post the notice in each work location;
- and more!
Lesson learned? Do not try to predict the future! Even good intentions can go awry. When it comes to safety issues, consider what protocols may be needed to keep everyone safe. If you have a concern for one employee based on a protected status (pregnancy, disability, etc.), talk to your company’s legal counsel. Consider if your concern if based on your own perception or stereotype or is it based on statement made by the employee that suggests an accommodation may be needed? If the latter, then you might engage that employee in an interactive dialogue to determine what accommodation, if any, is needed and what you can reasonably provide.
