Whether or not a job offer is rescinded after a woman discloses that she is pregnant and will need maternity leave is a violation of federal gender discrimination law?
Compliance Perspective – Pregnancy Discrimination:
The Compliance and Ethics Officer with the Risk/Safety Manager, the Human Resource Manager and the Administrator will review the facility’s policies and procedures regarding gender discrimination and violation of federal and state laws. All employees will receive education and training regarding the protected rights under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, which prohibits employment discrimination based on gender, including pregnancy. Training will include the process for reporting a complaint including the use of the anonymous Hotline. Staff will be surveyed anonymously to determine if there are unreported incidents of discrimination and/or retaliation. The results of the survey will be reviewed by the Compliance and Ethics Committee.
After undergoing a multiple-interview process for a job as a credentialing manager and then being offered the position, a woman informed the Arizona healthcare network that she was pregnant and would need maternity leave. About a week later, the healthcare network asked the woman why she had not disclosed her pregnancy during the interview process and then rescinded the job offer. Subsequently, the U.S. Equal Employment Opportunity Commission (EEOC) sued the Arizona healthcare network alleging they violated the Pregnancy Discrimination Act of 1978 which prohibits employment discrimination based on gender, including pregnancy.
The lawsuit was preceded by an unsuccessful attempt to settle the allegations through the EEOC’s conciliation process.
Through the suit, the EEOC is asking the court to order the healthcare network to provide the woman with “appropriate relief including back wages, compensatory and punitive damages, and a permanent injunction enjoining the company from engaging in any further discriminatory practices based on a person’s gender, including pregnancy.” The EEOC is also asking the court to order the company to institute and carry out policies and practices that eradicate and prevent sex discrimination in the workplace.
Commenting on this case, an EEOC District Director said this: “Employers should want to hire the best candidate, irrespective of whether that person is pregnant. Companies miss out on good talent when they exclude pregnant women from the workforce. Women should not have to choose between a career or beginning a family.”
