September 27, 2024
What You See May be What You Get – Pregnancy and Perceived Disability
An employer agreed to pay a former employee $46,500 to settle a pregnancy discrimination lawsuit brought by the EEOC.
According to the EEOC’s lawsuit, the company violated federal law after it fired an employee for missing two shifts at the bakery to seek emergency medical treatment related to her pregnancy. Although the pregnant employee returned to work within a few days and performed satisfactorily, the company fired her because, according to her managers, her pregnancy complications created a reliability issue. (really? two shifts? anyone else think that’s a tad harsh?)
Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which forbids discrimination because of pregnancy or related medical conditions, and the Americans with Disabilities Act (ADA), which forbids discrimination against a qualified individual because of a pregnancy-related impairment the employer regarded as a disability.
Under the three-year decree, will also (1) conduct annual training for its employees; (2) revise policies; (3) provide regular reports to the EEOC regarding pregnant workers and applicants; and (4) post a notice to employees affirming its obligations under Title VII, the ADA, and the Pregnant Workers Fairness Act.
Tip. Remember to train your management team members about these employment laws, and more. Remind them to not try to predict the future. Work with HR to get medical certification as to what duties an employee can/not perform and what accommodation(s) are needed. Otherwise, what you perceive an employee can or cannot do may violate the ADA.
Did you miss September’s webcast, “ADA Update”? If so, you can still access the recording, which provides 1.25 continuing education credits pre-approved by HRCI and SHRM. $25 pp. Click here for the agenda and to register.
