Women Claim They Were Told ‘Don’t Get Pregnant Or You’re Fired’
Employer must pay $110,000 settlement
Sometimes pregnancy discrimination is subtle. For example, a woman may find that it’s harder to get promoted after becoming a mother, or that suddenly she’s subjected to additional scrutiny.
But sometimes pregnancy discrimination is blatant, where an employer states an obvious dislike of female employees having babies, and threatens consequences if they do.
Employees at a California company claim that they were recently subjected to the blatant variety of discrimination. Let’s take a look at what happened in this case and then talk about what it means to you.
Children Not Allowed
According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), female employees at Dash Dream Plant, Inc., were directed by management to not get pregnant or they’d lose their jobs.
Several female employees claim that this edict was delivered during company
staff meetings. They also claim they were told they had too many children,
and that the next person to get pregnant should just stay home and consider
herself fired.
The women claim that these instructions were not empty threats. They allege
that pregnant employees were not allowed to come back to work after giving
birth. Instead, they were fired.
The EEOC filed a pregnancy discrimination lawsuit against the company.
Rather than have to answer the women’s charges in front a jury, the company decided to settle. It must pay $110,000 to at least two former employees, and submit to federal oversight of its employment practices.
Legal Protection
The Pregnancy Discrimination Act (PDA) protects women from being discriminated against at work because of pregnancy, childbirth, or a pregnancy related condition.
In particular, the PDA provides prohibits discrimination related to:
- Hiring
- Firing
- Promotions
- Raises
- Layoffs
- Training
- Fringe benefits
- Job assignments, or
- Any other action that may negatively impact the terms or conditions of a woman’s employment
Pregnant women are also covered by several other laws, including the Family and Medical Leave Act (FMLA), which allows eligible women (and men) to take up to 12 weeks of unpaid leave after the birth or adoption of a child. The FMLA expressly states that employees must be reinstated to their jobs, or equivalent ones, after taking covered leave.
Contact Us For A Consultation Now
No woman should be penalized for getting pregnant or giving birth.
If you feel that you’ve been subjected to unlawful pregnancy discrimination, it’s always a good idea to speak to an experienced employment law attorney.
Call or email us today to discuss your unique situation.