Pivotal Pregnancy Discrimination Lawsuits
While pregnancy-based discrimination continues to be an issue in the workplace, many female employees have successfully brought their pregnancy discrimination lawsuits to court. Here are some cases of pregnancy discrimination in the workplace.
Failure to Provide Reasonable Accommodations
Peggy Young worked as a pickup and delivery driver for United Parcel Service, Inc. (UPS). In 2006, Young became pregnant and was advised by her doctor that she should not lift anything heavier than 20 pounds. However, her job with UPS required to be able to lift up to 70 pounds. Despite asking for a light-duty position, Young was placed on unpaid leave and eventually lost employee medical coverage.
At the time, UPS did provide light-duty positions for non-pregnant employees who were either injured on the job or suffered from a disability recognized under the Americans with Disabilities Act (ADA). Based on the employer’s discrepancy in providing accommodations, Young brought a federal lawsuit under the Pregnancy Discrimination Act (PDA). Under the PDA, federal law prohibits workplace discrimination against a woman who was or is pregnant, intends to be pregnant, has a medical condition related to pregnancy, or has had or is currently considering an abortion. The PDA also requires that employers treat a pregnant employee like any other temporarily disabled employee.
The Supreme Court held in Young v. UPS that employers must offer the same accommodations to pregnant employees as all other employees with comparable physical limitations. Furthermore, employers cannot refuse to provide reasonable accommodations to pregnant employees based on concerns of cost or convenience when the employer is able to provide accommodations to non-pregnant employees.
Related: Pregnant Employee Rights in California
Reduction of Hours & Removal from Work Schedule
In 2018, LA Louisanne, a Los Angeles restaurant and night club, paid $82,500 to settle a pregnancy discrimination case from the U.S. Equal Employment Opportunity Commission (EEOC).
According to the lawsuit, the company reduced a pregnant employee’s hours after learning she was pregnant. The pregnant employee was eventually removed from the work schedule entirely. Following childbirth, the company refused to reinstate the employee. Not an isolated incident, other employees expressed similar experiences of pregnancy discrimination with the company in the past. LA Louisanne violated federal law under the PDA.
In addition to the monetary settlement, the company is being held accountable for future prevention of pregnancy discrimination. LA Louisanne was required to review and revise its discrimination and harassment policies. Moreover, the company is required to hold mandatory discrimination and harassment training for all employees.
Workplace Retaliation
After disclosing her pregnancy to her employer, Rosario Juarez was demoted from being the store manager at the famous auto parts retailer AutoZone. Following this, Juarez filed a pregnancy discrimination lawsuit. The company retaliated by firing her shortly after. Rather than bringing her case under the PDA, Juarez argued AutoZone’s actions were in violation of the California Fair Employment and Housing Act (FEHA). FEHA provides some of the strongest protections against pregnancy discrimination throughout the country. Under FEHA, employers are prohibited from discriminating against an employee based on his or her sex. This discrimination includes pregnancy, childbirth, and breastfeeding.
In January 2015, the jury found in favor of Ms. Juarez. The jury also ordered AutoZone to pay $185 million in punitive damages. While Juarez and AutoZone came to a settlement lower than those damages, this case is a great example of successful pregnancy discrimination lawsuits.
Related: How to File a Pregnancy Discrimination Lawsuit in California
FAQs About Pregnancy Discrimination Cases
How much can a pregnant employee get from a successful pregnancy discrimination lawsuit?
If an employer is in violation of the Pregnancy Discrimination Act (PDA), the court may order the employer to pay damages including back wages, punitive damages, and the employee’s litigation costs.
How can a pregnant employee file a pregnancy discrimination lawsuit?
To begin the process of a pregnancy discrimination lawsuit, the pregnant employee must first file a claim with either the federal Equal Employment Opportunity Commission (EEOC) or their state administrative agency. In California, that would be the Department of Fair Employment and Housing (DFEH).
Contact Her Lawyer
If you or a loved one has had a work experience similar to these cases of pregnancy discrimination, contact us. We’ll get you in touch with the best lawyer for your unique legal issue. Our California Pregnancy Discrimination Attorneys won’t charge a dime unless you win your case!