A New Jersey Healthcare Service Company who withdrew a job offer over a pregnancy related medical condition has agreed to pay $77,550 and other relief to settle a disability discrimination lawsuit. The lawsuit was filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The healthcare company had hired a pregnant candidate to fill a per diem EMS dispatch position. Days before she was to start her new employment, she was hospitalized and diagnosed with preeclampsia. When the pregnant new employee contacted the healthcare company about what she needed to do next, the healthcare company withdrew their job offer. The new employee would only require the minor accommodation of delaying her start date by a few weeks.
The settlement by the healthcare company provides $77,550 in lost wages and other damages. It also includes an injunction prohibiting the healthcare company from discriminating against employees and candidates for employment based on disability, updates to the company’s internal policies, and mandatory training for the healthcare system’s employees about the federal anti-discrimination law. They must also report to the EEOC on any internal complaints of disability discrimination or retaliation they receive for the next two and a half years.
Issue:
Under the Americans with Disabilities Act (ADA), an employer cannot refuse to hire a woman based upon her pregnancy-related condition as long as she is able to perform the major functions of her job. The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work. While federal law prohibits discrimination in the workplace, most states have enacted their own laws regarding workplace discrimination, so be sure to know your own state’s laws. Each facility should have a zero-tolerance policy for anyone who retaliates against a person for bringing an issue to the facility’s attention. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual Chapter 1, Compliance and Ethics Program.
Discussion Points:
- Review your policies and procedures on prevention of discrimination, including hiring candidates who are pregnant. Update your policy as needed.
- Train all staff on prevention of discrimination. Provide additional training about non-discrimination based on pregnancy to leaders who have the responsibility for hiring or approving related reasonable accommodations. Document that these trainings occurred and file the signed document in each employee’s education file.
- Periodically audit applications for those who applied for positions within your company to ensure that discrimination, including pregnancy related discrimination, did not occur.
