Pregnant Woman Fired for Letting Baby Take ‘Toll’ on Her

While discrimination in employment is outlawed by both federal law and New Jersey state law, it still persists in many workplaces. One form of employment discrimination that remains a widespread problem throughout the country is that against pregnant women.

In 1978, the Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to specifically bar employers from subjecting employees to unfair conditions, reducing a worker’s hours or firing workers due to pregnancy. Nonetheless, 35 years later women still frequently face employment discrimination based on pregnancy.

In a recent case that took place at a restaurant in Mississippi, a company has agreed to pay $20,000 to settle a pregnancy discrimination lawsuit that the U.S. Equal Employment Opportunity Commission filed.

The case involved a server who was four months pregnant when her employer took her off of the schedule. The employer reportedly gave her no warning and she had never been disciplined for any work-related issues. She was not under any medical restrictions and she had not asked to reduce her hours when her employer abruptly fired her and told her that the pregnancy was taking a toll on her.

In addition to the monetary settlement, the restaurant is also now required to prevent further pregnancy discrimination by implementing anti-discrimination policies and providing anti-discrimination training to managers, among other things.

This case is an example of one of the 3,745 pregnancy discrimination complaints filed with the EEOC in 2012. It is important that employers here in New Jersey recognize that pregnant women have the right to work. When they violate this right, it is possible for victims to seek legal recourse.

Source: U.S. Equal Employment Opportunity Commission, “Reed Pierce’s Pays $20,000 to Settle EEOC Pregnancy Discrimination Suit,” Feb. 14, 2013