A Florida assisted living facility violated federal law when it fired an employee because she was pregnant, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed on September 26, 2023. According to the EEOC’s suit, as soon as facility management learned that the employee was pregnant, her manager refused to give her any more shifts and terminated her.
Terminating an employee because of her pregnancy violates the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act of 1964. The EEOC filed suit in US District Court for the Middle District of Florida after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The agency is seeking back pay and compensatory and punitive damages for the employee, as well as appropriate injunctive relief to prevent any further discriminatory practices.
“You cannot fire a woman because she is pregnant and might need maternity leave in the future,” said Robert E. Weisberg, regional attorney for the EEOC’s Miami District Office. “While this case was brought under Title VII, which has been protecting pregnant workers for decades, it highlights the need for the broader protections now in place under the new Pregnant Workers Fairness Act (PWFA).”
Although this charge was filed before the PWFA went into effect on June 27, 2023, employers are required to provide reasonable accommodations to workers who are pregnant, trying to become pregnant, experiencing pregnancy-related medical conditions, or recovering from childbirth, unless it causes an undue hardship. For more information about the PWFA, visit https://www.eeoc.gov/statutes/pregnant-workers-fairness-act.
Compliance Perspective
Issue
Pregnancy discrimination is against the law. The EEOC enforces three federal laws that protect job applicants and employees who are pregnant. The first law is Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, which is called “Title VII.” It prohibits sex discrimination, including pregnancy discrimination. The second law is the Pregnant Workers Fairness Act, which is called the “PWFA.” The PWFA requires a covered employer to provide a reasonable accommodation to a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The third law is the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against an applicant or employee based on a disability, including a disability related to a pregnancy such as diabetes that develops during pregnancy. While pregnancy itself is not a disability under the ADA, some pregnant workers may have one or more impairments related to their pregnancy that qualify as a disability under the ADA. An employer may have to provide that worker with a reasonable accommodation for the pregnancy-related disability.
Discussion Points
- Review the facility’s policies and procedures addressing prevention of discrimination, including pregnancy and disability discrimination for both current employees and job applicants. Ensure that any state-specific laws are included. Update the policies if needed.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodations. Document that these trainings occurred and file each signed document in the employee’s individual education file.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination in the workplace. Additionally, periodically review potential employees’ application files to ensure that discrimination in the hiring process did not occur. Ensure that staff are aware of how to report any concerns of discrimination they may observe or experience to their immediate supervisor or through the facility’s hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
