PREGNANCY DISCRIMINATION LAWSUIT

When the U.S. Equal Employment Opportunity Commission (“EEOC”) employs its scarce and precious resources to sue you, you might be in trouble. DLS Engineering Associates (“DLS”), a federal contractor, recently found itself in that predicament in the U.S. District Court for the Middle District of Florida.

DLS offered a woman an engineering logistics analyst position, but when the woman told the company’s VP that she was five months pregnant, the VP rescinded the offer, saying that the company could not hire someone who was pregnant.

The Pregnancy Discrimination Act of 1978 (PDA) amends Title VII of the Civil Rights Act of 1964 and, prohibits discrimination based on pregnancy as it relates to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits (i.e., leave and health insurance), and any other term or condition of employment.

DLS paid $70,000 in settlement (and no doubt incurred a great deal in legal fees). An expensive unforced error and another great lesson from the mistake of another. Know the law and make sure your people are trained to follow the law. We would be more than happy to help you with both.

 



If you have questions or concerns, please do not hesitate to reach out to any member of Gardner Skelton’s team.