Nation’s Largest Ambulance Company Sued by EEOC for Pregnancy Discrimination
After a paramedic who worked for an ambulance company requested light duty for the last part of her pregnancy, the company denied her request and directed her to take unpaid leave or to work without any restrictions.
The U.S. Equal Employment Opportunity Commission (EEOC) brought suit against the ambulance company for refusing to provide light duty to a pregnant employee when similarly abled, non-pregnant employees were allowed light duty, in violation of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA). The EEOC first attempted to reach a pre-litigation settlement through the conciliation process, but that failed.
The Director of the EEOC’s Seattle Field Office reported that an investigation into the situation found that the ambulance company had a “robust practice of providing light duty work assignments to workers with similar restrictions because they sustained injuries on the job, or even off the job.” However, the ambulance company would not offer light duty to the paramedic experiencing similar restrictions due to her pregnancy.
The EEOC Senior Trial Attorney asserted, “The law makes it clear that an employer must accommodate pregnant employees to the same extent that it accommodates other employees with similar abilities or inabilities to work. Accommodating pregnancy-related limitations under the Pregnancy Discrimination Act is a key component of the EEOC’s Strategic Enforcement Plan to address ‘Selected Emerging and Developing Issues.’ ”
Human Resource Compliance Perspective
Failing to provide light duty accommodation to a pregnant employee when light duty is actively provided to employees requiring similar restrictions due to on or off the job issues may result in an EEOC lawsuit and cost the provider considerable dollars in awarded damages.
Discussion Points:
- Review policies and procedures regarding provision of light duty to employees for pregnancy under Title VII of the Civil Rights Act of 1964, as amended by the PDA.
- Train management employees on the company’s policies and procedures regarding the right to light duty related to an employee’s pregnancy.
- Periodically audit by interviewing employees to determine if they have experienced or know of discrimination due to pregnancy or another potential need for light duty.
KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA)
