The Equal Employment Opportunity Commission has filed a lawsuit against a rehabilitation and nursing facility over its termination of two pregnant nursing assistants.
In a press release issued March 7, 2018, the EEOC says the North Carolina corporation violated federal law when it refused to accommodate the pregnancy-related work restrictions of two employees. According to the lawsuit, two Certified Nursing Assistants (CNAs) requested temporary work restrictions as a result of their pregnancies. Specifically, the CNAs requested a 20-pound lifting restriction for the duration of their pregnancy. The employer refused to accommodate the request and placed both individuals on unpaid leave. After their leave expired, the employer terminated both CNAs.
The failure to accommodate violated federal law, the EEOC alleges, because the employer made accommodations for other employees who had similar work-restrictions. However, those restrictions resulted from work-related injuries, whereas the CNAs had requested restrictions which resulted from their pregnancies.
Says EEOC Regional Attorney Lynette A. Barnes, “[e]mployers must generally treat the work restrictions of pregnant employees just like those of non-pregnant employees.”
The EEOC is bringing suit under the Pregnancy Discrimination Act, which is an amendment to Title VII of the Civil Rights Act of 1964. Under this Act, employers are prohibited from discriminating against employees due to pregnancy, which includes pregnancy-related conditions.
The EEOC states they first engaged with the employer in a pre-litigation settlement negotiation process known as conciliation. After both sides failed to reach an agreement, the commission filed the lawsuit in the U.S. District Court for the Middle District of North Carolina. The complaint filed by the commission asks for injunctive relief, which includes policy changes at the facility, back pay, and other monetary damages.
While the complaint has just recently been filed and the outcome is uncertain, the lawsuit serves as an important reminder for employers to carefully consider employee requests for accommodations of all types, and to revisit their policies and practices in accommodations and administering employee leaves of absence.
Attorneys at FHKAD advise and defend employers in all varieties of employment discrimination claims. For more information, contact z at ajarmusz@fishelhass.com or (614) 221-1216 or any of the attorneys at FHKAD.