Workplace discrimination against pregnant employees is illegal under the Pregnancy Discrimination Act (PDA), which prohibits discrimination based on pregnancy, childbirth, and related medical conditions. Despite this, some employers still have policies that violate the law, as demonstrated by the recent case of Symphony Deerbrook LLC.
Symphony Deerbrook LLC’s Pregnancy Policy
Symphony Deerbrook LLC, a skilled nursing facility in Illinois, had a pregnancy policy in 2018 that required employees to inform them about their pregnancy as soon as possible. The policy also required pregnant employees to provide medical documentation and clearance to work without restrictions.
EEOC’s accusations against Symphony Deerbrook LLC
The U.S. Equal Employment Opportunity Commission (EEOC) has sued Symphony Deerbrook LLC on behalf of two former employees who were terminated after they sought reasonable accommodation for their pregnancy-related restrictions. The lawsuit alleges that the employer violated the PDA by denying reasonable accommodation and terminating their employment.
Lawsuit Allegations and What Not to Do
The allegations in the lawsuit painted a clear picture of what not to do when formulating a pregnancy policy. For one, the Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees and applicants based on their pregnancy or related medical conditions. This includes denying reasonable accommodation for pregnancy-related restrictions.
The Pregnancy Discrimination Act (PDA) and Illegal Discrimination
The PDA was enacted in 1978 to amend Title VII of the Civil Rights Act of 1964 to include pregnancy discrimination as a form of sex discrimination. The law applies to employers with 15 or more employees and covers all aspects of employment, including hiring, promotions, and termination.
Forbidding Pregnant Employees from Proving Ability to Work
Symphony Deerbrook LLC’s policy required pregnant employees to provide medical documentation and clearance to work without restrictions. This requirement is illegal under the Pregnancy Discrimination Act (PDA) because it places an undue burden on pregnant employees that is not imposed on non-pregnant employees.
Accommodation of Pregnant Workers and Non-Discrimination
Under the PDA, covered employers must accommodate pregnant workers just as they would accommodate non-pregnant workers who are similar in their ability or inability to work. This means that employers must provide reasonable accommodation to pregnant employees with pregnancy-related restrictions unless doing so would impose an undue hardship.
“Prohibiting Pregnant Employees from Working Without Full Clearance. Symphony Deerbrook LLC’s policy also prohibited pregnant employees from working unless they were fully cleared to do so without restriction. This is also illegal under the PDA because it treats pregnant employees differently from non-pregnant employees.”
What Not to Do When Crafting a Pregnancy Policy
When putting together a policy regarding pregnancy, employers should follow the guidelines set forth by the PDA. Employers should not require employees to disclose their pregnancy, ask employees to produce medical documentation, or treat pregnant employees differently from non-pregnant employees.”
The recent case of Symphony Deerbrook LLC serves as a reminder that pregnancy discrimination is illegal and can lead to costly lawsuits. Employers should review their policies and procedures to ensure compliance with the Pregnancy Discrimination Act (PDA), including providing reasonable accommodation to pregnant employees and treating them no differently than non-pregnant employees. By doing so, employers can create a workplace that is free from discrimination, ensuring a fair and equal environment for all employees.