An Illinois nursing home employee filed a lawsuit on May 7, 2024, against her employer alleging sex-based discrimination, pregnancy-based discrimination, harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the Pregnant Workers Fairness Act (PWFA).
According to the lawsuit, the employee experienced pelvic pain and heavy bleeding during her pregnancy, and was instructed by her doctor to be on light duty at work. The nursing home initially accommodated this request, but later allegedly reassigned her to tasks involving heavy lifting.
As a result of this reassignment, the employee alleges that she suffered heavy bleeding, endangering both her life and that of her unborn child. She said she had to be rushed to a hospital emergency room. She also alleges that when she presented the paperwork from her doctor requesting light duty accommodation, she was told that there was no such thing as light duty in a nursing home.
The employee is seeking redress for the alleged violations under Title VII and PWFA. She has requested a jury trial and presumably seeks compensation for damages.
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. Also review policies and procedures on nonretaliation. Update the policies if needed.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodations. Stress the importance of nonretaliation. 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 are being harassed or experiencing discrimination and ask if they feel free to report such instances without fear of retaliation or retribution. 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.*
