Toll Free: 877.880.

4477
Phone: 281.880.6525

EEOC Seeks
Enforcement
of Pregnancy
Discrimination
Laws

www.hrp.net

When it comes to pregnancy discrimination, the law goes back more than
half a century. The controlling federal legislation in this area is Title VII of the
Civil Rights Act of 1964, which has been amended and updated by the
Pregnancy Discrimination Act (PDA) of 1978.

The PDA says that discrimination based on pregnancy, childbirth or a related

medical condition is unlawful under Title VII. Generally, females affected by
pregnancy-related conditions must be treated just like employees with similar
circumstances regarding their ability to work. Other amended federal laws,
including the Family Medical Leave Act (FMLA) and the Americans with
Disabilities Act (ADA), may come into play.

www.hrp.net

some of the key provisions in the PDA, which often arise in the workplace:
Employment aspects. Simply put, an employer can't refuse to hire a woman
because of a pregnancy-related condition as long as she's still able to perform
the major functions of her job. Similarly, you can't refuse to hire a pregnant
job candidate because of the bias of coworkers, clients or customers. The PDA
also prohibits discrimination based on pregnancy when it comes to any other
employment issues including pay, job assignments, promotions, layoffs,
training, fringe benefits, firing and other terms or conditions of employment.

www.hrp.net

Medical leaves. Employees can't be unfairly singled out for medical clearance
procedures that aren't mandatory for other employees in similar situations.
An example is the requirement to provide a doctor's statement that verifies a
worker's inability to work. Unless all employees must submit such statements
before being granted leave or sick pay benefits, the employer can't institute
such a rule for pregnancy-related conditions.

www.hrp.net

Also, pregnant employees must be allowed to work if they can still perform
their jobs reasonably well. Suppose an employee misses work as a result of a
pregnancy-related condition. If she recovers, her employer can't require her to
remain out on leave until the baby's birth. Nor can an employer prohibit a
woman from returning to work for a predetermined length of time after she
gives birth.

Under the PDA, an employer that allows temporarily disabled employees to

take disability leave or leave without pay must allow an employee who's
temporarily disabled because of pregnancy to do the same. The job must be
held open for the same length of time it would be held for employees on sick
or temporary disability leave.
Furthermore, the FMLA says that a new parent including foster and
adopting parents may be eligible for unpaid leave of up to 12 weeks (or a
paid leave if the employee has earned or accrued the time). Generally, the
employee must have worked for an employer with 50 or more employees for
at least 12 months before taking the leave to qualify.
www.hrp.net

Temporary disabilities. If an employee is temporarily unable to perform her

job because of pregnancy, the employer must treat her in the same way any
other temporarily disabled employee would be treated. Typically, the
employee can be offered light duty, modified tasks, alternative assignments,
disability leave or leave without pay.
In addition, impairments resulting from pregnancy (for example, gestational
diabetes) may be considered a "disability" under the ADA. In that case, the
employer should provide a reasonable accommodation for a disability related
to pregnancy, absent any undue hardship. For example, an employer may be
required to provide modified duties for an employee with a 20-pound lifting
restriction stemming from pregnancy-related sciatica.

www.hrp.net

Health insurance and other benefits. Health insurance provided by an

employer must cover expenses for pregnancy-related conditions like other
medical conditions. However, the PDA specifies that coverage isn't required
for abortion expenses that arise, except in a case where the life of the mother
is endangered or medical complications develop from the abortion.
The amounts payable by the insurance provider for pregnancy-related
expenses can be limited only to the same extent as costs for other conditions.
In other words, an additional or higher deductible can't be imposed. What's
more, employers must provide the same level of health benefits for spouses
of male employees as they do for spouses of female employees.
Finally, if an employer provides any benefits to workers on medical leave, the
employer must provide the same benefits for those on medical leave for
pregnancy-related conditions. Employees with pregnancy-related disabilities
must be treated the same as other temporarily disabled employees for
purposes of seniority, vacation calculation, pay increases and temporary
disability benefits.

www.hrp.net

Key Facts on Pregnancy Discrimination Claims

Pregnancy-related claims by
the Equal Employment
Opportunity Commission
(EEOC) have fluctuated the
past few years, but the
problem certainly isn't going
away.
According to statistics the
EEOC has posted on its
website, it has filed 44
lawsuits involving claims of
pregnancy discrimination
under Title VII, as amended by
the PDA, since Fiscal Year
2011 (FY2011).

www.hrp.net

The breakdown through FY2014 (the most recent year data is available) is as
follows:

In FY 2014, the EEOC filed 14 pregnancy-related lawsuits. This was 18.4%

of all Title VII lawsuits and 10.5% of all merits lawsuits.

In 2013, the EEOC filed 10 pregnancy-related lawsuits. This was 13% of all
Title VII suits and 7.6% of all merits lawsuits.

In FY2012, the EEOC filed 10 pregnancy-related lawsuits. This was 15.2%

of all Title VII suits and 8.2% of all merits lawsuits.

In FY 2011, the EEOC filed 19 pregnancy-related lawsuits. This was 11.7%

of Title VII suits and 7.3% of all merits lawsuits.

Since the start of FY 2011, the EEOC has recovered approximately $4.4 million
as well as important injunctive and other case-specific "make whole" relief
for victims of pregnancy discrimination through litigation. This relief
includes jury verdicts, appellate court victories, court-entered consent decrees
and other resolutions.
www.hrp.net

Facts of the New Case

In the new case, a nationally known motel chain is alleged to have unlawfully
placed an employee on leave solely after she told them she was pregnant. The
Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against
the parent company of the motel chain.

www.hrp.net

According to an EEOC press release, a female employee who was working

regular shifts at a New Orleans motel informed management that she was
pregnant and that her pregnancy was "high-risk." On March 1, 2015, the
employee called her manager to let him know that she would be unable to
work that day due to a pregnancy-related illness. The manager told her that
he was modifying the work schedule to accommodate her illness. In fact, he
was taking her off the schedule for the entire week, even though she had
requested just the one day off.

After nearly a week had passed, the employee tried to contact the manager to
find out when she would be put back on the schedule. Later that day, she
received a text message in which he stated that she was being placed on a
leave of absence until her pregnancy was over. However, the employee never
asked for a leave of absence.

www.hrp.net

The EEOC is charging that the motel chain put the employee on forced leave
of absence because of her pregnancy, in violation of Title VII of the Civil Rights
Act of 1964 and the subsequent PDA. The agency is also seeking:

Injunctive relief prohibiting the motel chain from engaging in unlawful

discrimination on the basis of gender in the future,

Compensatory and punitive damages for the employee, and

Any other relief the court finds to be proper.

www.hrp.net

"This lawsuit should remind everyone unmistakably that federal law protects
pregnant workers from such treatment," said Jim Sacher, regional attorney for
the Houston District in the press release. "The fact that a manager would send
a text explicitly suspending an employee because she is pregnant highlights
the need for EEOC to continue its vigorous enforcement of pregnancy
discrimination law and that's what we'll do.

It's important for employers to strictly observe the rules under Title VII of the
Civil Rights Act and the PDA as well as other relevant legislation. The EEOC
provides a wealth of information on its website at www.eeoc.gov. If you have
questions about your particular situation, rely on your professional advisors
for guidance.

www.hrp.net

14550 Torrey Chase Blvd., Ste. 360 Houston, TX 77014 USA

Toll Free : 877.880.4477
Phone : 281.880.6525
Fax
: 281.866.9426

E-mail : info@hrp.net

www.hrp.net