Pregnancy Discrimination in the Workplace Occurs Frequently, But Excessive Absences Due to the Pregnancy Could Justify Discharge of the Employee
We recently settled a pregnancy discrimination claim that we filed on behalf of an employee that worked for a Miami-based financial institution. In that case, the employee performed her work well for several months, but as soon as she told her supervisor that she was pregnant, the company began treating her differently than other employees and her requests for time off to see her doctor were met with much less tolerance. She was ultimately fired, at which point we filed a charge with the U.S. Equal Employment Opportunity Commission (EEOC). While we cannot give any more details, the case is typical of a pregnancy discrimination case.
A similar claim that was brought against the Kohler Company by the EEOC in Atlanta, Georgia was settled approximately two weeks for $175,000.00 and the company's commitment to conduct equal opportunity training. While the company denied liability, in that case the EEOC alleged that a showroom executive who had an excellent performance record was placed on probation after she informed management about her pregnancy and was ultimately fired prior to her delivery.
Under the Pregnancy Discrimination Act (PDA), discrimination on the basis of pregnancy is a form of sex discrimination. To prevail on a pregnancy claim, the employee must show that she was treated differently because of her pregnancy or a pregnancy-related condition. The PDA provides that an employer must treat a pregnant employee the same as they would treat any other similarly affected employee. The comparator employees would be employees that suffer any other temporary medical condition, such as having to undergo minor surgery.
However, while the PDA requires the employer to ignore the employee's pregnancy, the employer is not required to ignore absences from work unless the employer overlooks comparable absences of nonpregnant employees. Therefore, one of the most difficult challenges that arise with pregnancy claims is the belief that pregnant employees are entitled to take time off of work to go to medical appointments. This is not true. In this respect, the courts have held that excessive absences from work, even if caused by the pregnancy, could result in the justified termination of the pregnant employee's employment. Moreover, the PDA does not require employers to offer maternity leave or to take other steps to make it easier for pregnant women to work. As one court noted, "employers can treat pregnant women as badly as they treat similarly affected but nonpregnant employees." Troupe v. May Dept. Stores Co., 20 F.3d 734 (7th Cir. 1994). The important point is that the treatment must be the same. Therefore, a pregnant employee must be careful to schedule medical appointments during non-work hours and to limit absences from work, otherwise, her pregnancy claim could be in jeopardy.
