Maternity Discrimination and Pregnancy Bias Claim Reinstated
The U.S. Court of Appeals for the Seventh Circuit recently reinstated a pregnancy discrimination suit against a Chicago-based law firm brought by the firm's former marketing director.
The marketing director initially brought suit after she was terminated while on maternity leave under the Family and Medical Leave Act. She claimed the human resources director told her that she was fired for taking leave and that the firm disliked having pregnant employees. The Seventh Circuit's ruling noted that while the marketing director was on leave, the firm's executive committee decided to eliminate her position because she did not fit into the firm's culture anymore. The court even quoted an email sent by one of the committee members highlighting the firm's motivations.
The trial court found the human resource director's alleged statement inadmissible because it was not related to the decision to terminate and granted summary judgment. The Seventh Circuit disagreed, ruling that the statements fell within the scope of the human resource director's employment because she was responsible for other steps in the firing process. The Court of Appeals reinstated the case finding that the trial court erred when it excluded statements made by the human resources director.
Who Is Protected by the Pregnancy Discrimination Act?
The Pregnancy Discrimination Act was added to Title VII of the 1964 Civil Rights Act in 1978. Under the Act, employers are prohibited from discriminating or engaging in workplace retaliation against employees on the basis of pregnancy, childbirth or related medical conditions. Employers must treat pregnant women in the same manner as other applicants or employees with similar abilities or limitations.
Pregnant employees must be allowed to work as long as they can perform their jobs, and cannot be deprived of their duties or benefits simply because they are pregnant. If they are unable to work, they must be given the same concessions as a sick or disabled employee. Health care benefits may not be limited or altered with regard to pregnancies, and pregnant employees should not be treated differently from other employees in regard to accruing seniority, vacation time or pay increases.
The preceding is not intended to be legal advice. However, if you believe you have been discriminated against because of your pregnancy, or have been denied benefits or promotions because of pregnancy leave, an experienced employment law attorney can advise you and help you understand your rights.
