Dive Brief:
- The Bendinelli Law Firm has agreed to pay $30,000 to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission. The suit alleged that the the Colorado personal injury firm fired a legal assistant the day after she disclosed her pregnancy, just 10 days after it hired her. (EEOC v. Bendinelli Law Firm, No. 1:17-cv-02354 (D. Colo.))
- EEOC said the law firm explained that it fired the legal assistant because she did not disclose the pregnancy during the job interview — a move the commission characterized as "unlawful and discriminatory."
- In addition to the monetary settlement, the firm agreed to adopt and maintain nondiscrimination policies and practices, as well as processes that encourage employees to report discriminatory conduct. The firm also agreed to provide training on preventing pregnancy-related discrimination.
Dive Insight:
Job applicants do not have to tell prospective employers that they are pregnant, EEOC said in a statement announcing the settlement.
The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act's sex discrimination prohibitions to forbid an employer from taking adverse employment actions against an employee because of pregnancy, and many state and local laws have requirements that go above and beyond federal law.
Employers may need to train supervisors and hiring managers about the employer's responsibilities under those laws. This includes, among other things, a prohibition on discrimination based on any pregnancy-related reason, including an employee's need for pregnancy leave, EEOC said in its statement.
Other laws can come into play, too. While pregnancy alone doesn't bring ADA protections, the medical conditions caused by pregnancy such as gestational diabetes or preeclampsia trigger that law's protections. Likewise, the FMLA and state leave laws require attention.
Still, pregnancy does not protect an employee from adverse employment actions based on nondiscriminatory factors. Discipline and layoffs can proceed as usual, as long as the action isn't based on a pregnancy, the ability to become pregnant or some other related factor, Anandhi Rajan, partner at Swift Currie previously told HR Dive.
