Pregnancy Discrimination: Some Things Never Change

I just posted in Above The Law “8 Helpful Tips On What Not To Say (Or Do) To A Pregnant Employee.”  These included:

If you have an employee who tells you that she is pregnant, do not restrict her water and bathroom breaks. If you have an employee who tells you that she is pregnant, do not require her to inform every other employee when she is going to the bathroom.  If you have an employee who tells you that she is pregnant, do not ignore her repeated requests to leave early for a pre-natal doctor’s appointment – and do not fire her when she leaves anyway.

I didn’t make these things up – it was what a Chipotle employee who sued for pregnancy discrimination testified to, and was then awarded $550,000 by a Washington, DC. jury.

Well, the EEOC just sued a Georgia discount retail chain store under the Pregnancy Discrimination Act (“PDA”), and guess what the employer was alleged to have done:  It assigned a pregnant employee “tasks in violation of her pregnancy-related restrictions, denied her breaks, and scheduled her to work on days she had doctors’ appointments.”

Some things never change.


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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]