Pregnancy Discrimination Issues- Part I
December 11, 2014
Pregnancy-related issues can create the potential for major problems if employers handle incorrectly. Resolving pregnancy-related disputes in a legal fashion can be complex. While many employers understand the role that FMLA plays in regards to maternity leave, there are many other areas of law that need to be recognized. Here are some current examples of cases regarding pregnancy discrimination that have been in the media this year!
Ashley Provino v. Big League Haircuts
Recent lawsuit filed against a location in Grand Junction, Colorado. This suit is being backed by the ACLU of Colorado and the ACLU Women’s Rights Project. A recent Grand Valley mother is alleging that she was fired for requesting time to breastfeed for a short period every four hours. Her request was denied and her hours were cut. She asked to return to full-time with this accommodation and her request was denied. She was ultimately fired. Big League Haircuts denies any wrongdoing.
Rosario Juarez v. AutoZone
In November 2014, a unanimous jury awarded $185 million to Rosario Juarez in her suit against AutoZone. She was in the role of store manager in September 2005. When she let her employer know she was pregnant, she was pressured to resign from her position. She was demoted in February 2006. She was ultimately let go entirely in 2011. The jury found that AutoZone had discriminated against Juarez on the basis of her sex. They sent a message to AutoZone by awarding Juarez $873,000 for past wages, future wages, and emotional distress, along with an additional $184 million in punitive damages.
Peggy Young v. UPS
This case was argued before the Supreme Court in December 2014. The Court’s opinion should be released in a few months. Young alleged that UPS discriminated against her when she was pregnant. She was unable to lift more than 20 lbs. Rather than offer her another position temporarily as requested by Young, she was put on unpaid leave and lost her benefits. The 4th Circuit previously granted UPS’s motion for summary judgment. This case has gotten national attention by many women’s groups and the result could impact many businesses and individuals in the future.
Check back for the second part of this article next week where I will discuss legal considerations for employers when handling a potential pregnancy discrimination issue.
Nicole Crump, JD, CIC
Director of Employment ADR
EDR Systems
This information is the opinion of the writer and is not meant to be construed as creating an attorney-client relationship or as legal advice to an individual or business. Please consult your attorney if you need legal advice on the issues above.