Settlement Of Another Pregnancy Discrimination Case

The EEOC just settled a pregnancy discrimination lawsuit against a Minnesota-based gym company in Maryland for $86,000.

The claim?

It was alleged that a pregnant woman applied for a job at the company and after two job interviews (presumably not in person), she emailed her work availability and said that she was 35 weeks pregnant.  The company “stopped communicating with her.”  Ultimately, she was informed “that her position had been placed on hold and two other people had been hired. The manager encouraged her to apply for a position at another [company] facility opening later that year.”

An EEOC District Director said that “Rescinding a job offer to a qualified applicant, even if you tell her she can reapply for another position after she has the baby, is still illegal pregnancy discrimination.”

Takeaway: Pregnancy discrimination violates the Pregnancy Discrimination Act (“PDA”) – a part of Title VII, irrespective of whether an employer is doing it for the employee’s “own good.”

 

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Richard Cohen

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]