EEOC Picks Some Low Hanging Fruit (Again)

Once again, the EEOC has nailed a health care provider for alleged violations of either the ADA or the Pregnancy Discrimination Act (PDA).

The EEOC charged that a large, non-profit healthcare company promoted a less qualified male employee to a managerial position which could have gone to an employee who had previously taken maternity leave.  In fact, it was alleged that an officer of the company told the employee that she was not promoted because she had “been on maternity leave for a while.”

Employers should note that Title VII’s amendment to include the PDA forbids discrimination against a woman not only because of pregnancy, but also because of childbirth or a medical condition related to pregnancy or childbirth.

And employers should also note, as I have written repeatedly, that the EEOC loves, just loves to go after health care people for discrimination claims based upon disability or pregnancy.  Recall my umpteen posts in which I warned of the great settlement and PR value to the EEOC of pointing out the apparent hypocrisy of the “helping professions” — “low hanging fruit” is what I called these healthcare folks.




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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]