An assisted living and memory care facility located in Florida will pay $39,000 and furnish other relief to settle a pregnancy discrimination lawsuit. The lawsuit was brought by the U.S. Equal Employment Opportunity Commission (EEOC).
According to EEOC’s suit, the assisted living and memory care facility offered a woman a position as a caregiver. While she was in the process of filling out paperwork, the woman mentioned that she was pregnant. Shortly afterward, the facility rescinded the offer and informed the individual that they decided to go with someone else for the caregiver position.
In addition to $39,000 in damages, the three-year consent decree settling the suit requires the facility to adopt and distribute an updated policy against pregnancy discrimination, conduct training on pregnancy discrimination, provide semi-annual reports to the EEOC, and post a notice.
Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The regional attorney for EEOC’s Miami District stated, “Employers should not penalize women for having children. The EEOC will continue to seek vigorous enforcement of the laws that protect women from this kind of intentional and harmful discrimination.”
Compliance Perspective
Issue
Discrimination, including pregnancy discrimination, is always prohibited in the workplace. An employer cannot discriminate against a candidate for hire due to pregnancy. Human resource personnel and all managers who are involved in the hiring process should be aware that discrimination, including pregnancy discrimination, is unlawful. Most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration, human resources, and managers authorized to hire are aware of their state’s specific laws.
Discussion Points
- Review the facility’s policies and procedures addressing prevention of discrimination, including pregnancy discrimination. Ensure that any state-specific laws addressing discrimination are included. Update the policies if needed.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination to their immediate supervisor or through the facility’s hotline. Ensure that individuals authorized to hire are aware of the necessity of preventing discrimination in the hiring process. Document that the trainings occurred and file the signed document in each employee’s education file.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination in the workplace. In addition, ensure that all staff are aware of how to report any concerns of discrimination they may observe or experience.
FOR MORE INFORMATION ON THIS TOPIC view: HARASSMENT AND DISCRIMINATION IN THE WORKPLACE and KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
