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Walgreens Co. agrees to pay $205,000 to settle a lawsuit with the Equal Employment Opportunity Commission for discriminating against a pregnant employee. The EEOC alleges that a Walgreens manager violated federal laws when it forced a pregnant employee to quit to go to the emergency room for immediate medical treatment. Here’s the story.
Pregnant employee denied emergency leave
It happened at a Walgreens store in Alexendria, Louisiana. The customer sales associate asked to leave her shift to go to the ER, per her doctor’s recommendation when she started spotting. The store manager and team lead said that the CSA could not leave until they found a replacement for her, even though either one could have covered for her. When a replacement could not be found, the manager told the CSA that she had too many accommodations already, so she couldn’t leave. The CSA felt as if she had no other choice but to quit. She later miscarried, according to the lawsuit.
Lawsuit settles
The EEOC alleges that the conduct of Walgreens’ management violated federal law, which prohibits discrimination on the basis of pregnancy-related conditions. The employee also suffered from other impairments, diabetes and hypoglycemia, which are covered conditions under the Americans with Disabilities Act (ADA), so her request was a reasonable accommodation.
Walgreens agreed to settle the lawsuit for $205,000 in monetary relief. In addition, the consent decree requires the stores in 10 cities to make sure employees and supervisors are trained in anti-discrimination policies to prevent future pregnancy discrimination. The company is also required to report to the EEOC about any discrimination complaints it does receive.
Elizabeth Owen, a senior trial attorney in the EEOC’s New Orleans Field Office, added, “Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.”
Avoid pregnancy discrimination in your business
The Bipartisan Policy Center estimates that about 20% of women experience pregnancy discrimination in the workplace. This might only be the tip of the iceberg, because many women are afraid to report discrimination out of fear of losing their job at a time when they are already vulnerable. Although only a few cases actually get to the lawsuit stage, employers should be aware that pregnancy discrimination is prohibited at the federal level and most states also have laws against it.
Make sure your business policies line up with the law so your business doesn’t face discrimination charges. The EEOC has resources about pregnancy discrimination on its website.
