According to the EEOC's lawsuit filed on June 24, 2024, a Pita Pit restaurant in Sioux Falls violated federal law after firing an employee after she requested accommodations for pregnancy-related nausea. The Pita Pit employee had informed her employer of her pregnancy and formally inquired if she could continue working from home for her first trimester. Instead of providing such accommodations, the employer called the pregnancy a "distraction," and fired the employee.
The EEOC alleges that this conduct is in violation of Title VII of the Civil Rights Act, which prohibits discrimination based on sex, as well as the American Disabilities Act, which prohibits discrimination based on a disability. The EEOC seeks monetary damages for the employee as well as injunctive relief against the employer to prevent future offenses. The EEOC is also now enforcing the Pregnancy Discrimination Act, which is an amendment of Title VII making it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy.
What is Pregnancy Discrimination and the PUMP Act?
Pregnancy discrimination is a form of sex discrimination in which an employer fails to treat an employee the same for all employment related purposes solely because that employee is pregnant, has intention to become pregnant, recently was pregnant, or recently gave birth. These negative actions can include termination, demotion, transferring, denial of overtime, unwanted reduction of work hours, and harassment.
Fortunately, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act protections have strengthened workplace treatment of pregnant and nursing workers. The act advocates for a reasonable break time for employees to breastfeed their child as well as a place to pump at work, other than a bathroom, that is free from intrusion by other coworkers/the public.
What Pregnancy-Related Accommodations are Employers Responsible For?
Under federal law, employers must provide a "reasonable accommodation" for all pregnancy-related conditions, which may include:
- Treating pregnancy-related conditions the same as other medical conditions related to accommodations, leave, and health benefits.
- Providing modified work schedules, more frequent breaks, lighter assignments, a temporary shift to less physically demanding work, allowing sitting as an alternative to standing, and providing time off for pregnancy-related needs or recovery.
- Not retaliating (take negative action) against an employee based on that employee's pregnancy.
- Personally interacting with an employee to determine the proper environment for an employee to perform their job.
What is the EEOC's Role in Defining and Enforcing Protections?
The Equal Employment Opportunity Commission is a federal agency authorized to investigate and litigate against businesses and private sector employers for violating federal laws regarding disability discrimination and pregnancy discrimination. The EEOC enforces Title VII, the Pregnant Workers Fairness Act (covered employers must provide reasonable accommodations for pregnancy), and the American Disabilities Act.
If discrimination has occurred according to any or all of these laws, the EEOC will attempt to settle the charge. However, if the EEOC is not successful in the settlement, they can file a lawsuit to protect the rights of individual employees and the interests of the public. In order to file a lawsuit, the EEOC considers the strength of the evidence, the issues in the case, and the wider impact the lawsuit can have on future efforts to combat workplace discrimination. The Office of General Counsel executes litigation on behalf of the EEOC to obtain relief for victims of employment discrimination. The EEOC also has the authority to sue nongovernmental employers with 15 or more employees for violations of Title VII, the ADA, GINA, PWFA, ADEA, etc.
What Options do Pregnant Employees Have if They Believe Their Rights Have been Violated?
If you believe that an employer has discriminated against you because of your pregnancy or pregnancy-related disability, you can file a charge of discrimination with the EEOC. A charge of discrimination is a signed statement saying that an employer, union, or labor organization has engaged in employment discrimination and requests that the EEOC take remedial action. This statement can be made on the EEOC Public Portal after submitting an online inquiry and completing an interview.
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