Category: Pregnant Workers Fairness Act

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Pregnant and Fired? The Deceptive Tactics Employers Use to Hide Discrimination

Pregnancy discrimination lawyers Beverly Hills Helmer Friedman LLP.

Imagine this scenario. You’re excelling at your job, hitting your performance targets, and receiving positive feedback from your boss. Then, one day, you announce you’re pregnant. Suddenly, subtle shifts start happening—projects reassigned, responsibilities reduced, and weekly one-on-ones morph into detailed critiques of your “sudden dip” in performance. Weeks later, you’re called into a meeting and handed a termination letter. The documented reason? Performance issues.

This chilling pattern is a reality for many pregnant workers today, and new cases are highlighting the deceptive lengths employers will go to justify such discriminatory actions. Below, we’ll dig into specific cases involving wrongful termination due to pregnancy, explore the legal measures in place, and outline what you, as a worker, should know.

Performance Pretext and the Role of Exculpatory Paper Trails

Pregnancy discrimination is not new. While the Pregnancy Discrimination Act of 1978 (PDA) explicitly prohibits employers from firing or discriminating against workers based on pregnancy, some employers bypass the law by masking their biases under the guise of performance-based terminations. Central to their strategy is the creation of exculpatory paper trails—detailed documentation designed to preemptively justify termination and absolve the employer of discrimination claims in court.

For pregnant workers, this translates to hyper-scrutinization and the sudden creation of a “record” to support claims of underperformance. These paper trails can paint a damning picture that often does not reflect the reality of the employee’s contributions, trying to make it difficult for workers to prove their termination was rooted in discrimination.

Case Spotlights

Mathew v. Santander Consumer USA, Inc.

Reena Mathew, a high-performing employee at Santander Consumer USA, claimed she was targeted after announcing her pregnancy. Her once-positive performance reviews allegedly became alarmingly negative. Santander created a paper trail documenting numerous “performance shortcomings” leading up to her termination. Mathew pushed back, asserting that this was contrived to mask the true motive—her pregnancy. The court sided with Mathew, uncovering glaring inconsistencies in the employer’s claims.

Wyatt v. Publix Super Markets, Inc.

A similar narrative unfolded in Wyatt v. Publix. When Tiffany Wyatt informed her supervisors of her pregnancy, the quality of her performance reviews plummeted inexplicably. Publix claimed declining performance justified her firing. Wyatt, however, provided evidence highlighting the timing of her termination, linking it directly to her due date; Publix fired her, purportedly for completing work without being logged in, although it allegedly never told her this was a problem and didn’t discipline similarly situated workers who weren’t pregnant, the complaint stated.

Zarak v. Netflix

Netflix, often celebrated for its workplace progressivism, faced scrutiny when employee Tania Zarak alleged pregnancy discrimination. She claimed that after disclosing her pregnancy, her team began excluding her from meetings and criticizing minor details of her work that had never been an issue before. Zarak was fired after her boss, Francisco Ramos, became aware of her plans to take maternity leave. According to Zarak, he first pressured her to resign, suggesting that they could negotiate some form of payment or insurance arrangement to facilitate her departure.

The case serves as a troubling example of how even companies with progressive reputations are not immune to engaging in discriminatory practices.

The Legal Lens on Pregnancy Discrimination

These cases underscore the critical role of the Pregnancy Discrimination Act (PDA) and other workplace protections embedded in Title VII of the Civil Rights Act, including the Pregnancy Workers Fairness Act, which requires employers to provide reasonable accommodations. While these laws are clear in their intent, proving a violation can sometimes seem a Herculean task.

Burden of Proof

In discrimination cases, employees must present strong evidence showing that adverse actions, like termination, were directly related to pregnancy. Employers often rely on their documentation—such as performance reviews—to argue that terminations were lawful. However, attorneys play a critical role in uncovering inconsistencies in this documentation to reveal the true reason for termination.

For instance, when an employee with a history of positive performance reviews is suddenly terminated for alleged performance issues, attorneys can investigate whether these justifications hold up. They look for signs of uneven application of performance standards, biased evaluation metrics, or abrupt changes in feedback patterns. By examining the timing, context, and motives behind these documents, attorneys can expose discrepancies that suggest the termination was actually related to pregnancy. This deeper analysis often uncovers a more troubling reality that contradicts the employer’s stated reasons for termination.

Remedies for Unlawful Termination

If an employee successfully proves discrimination, remedies can include:

  • Back Pay: Compensation for lost wages from the date of firing to the resolution of the case.
  • Reinstatement: Returning to their position (if feasible).
  • Compensatory and Punitive Damages: For emotional distress and to punish unlawful conduct.

Some states also have additional worker protection laws that grant expanded remedies or impose stricter penalties on violators.

Empowering Pregnant Workers

The reality of pregnancy discrimination is daunting, but workers aren’t powerless. Here’s how you can protect yourself if you feel targeted at your workplace:

  1. Document Everything

Keep thorough records of interactions with your employer, including emails, performance reviews, and informal feedback. This can help build your case if discrimination occurs.

  1. Understand Your Rights

Familiarize yourself with the Pregnancy Discrimination Act of 1978 and related state laws to ensure you know what protections you’re entitled to.

  1. Seek Legal Advice

Don’t wait until things escalate. Consulting an employment attorney early can help you understand your options and prepare a strategic response to discriminatory treatment.

Concluding Thoughts

The systemic nature of pregnancy discrimination reflects broader inequities in the workplace. While many companies hide behind performance claims, exposing these lies and ensuring accountability is possible—and crucial for fostering a just labor landscape.

If you’re facing termination or other adverse actions at work after announcing your pregnancy, know that you’re not alone. Seek support, lean on credible legal resources, and consider shining a light on the injustices you’re experiencing. Empowering pregnant workers is key to dismantling these pretexts and building a fairer workplace for all.

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Kurt Bluemel Accused of Pregnancy Discrimination: A Closer Look at the PWFA

Pregnancy discrimination lawyers - protecting pregnant employees from discrimination.

Kurt Bluemel Accused of Pregnancy Discrimination: A Closer Look at the Pregnant Workers Fairness Act

A recently filed lawsuit against Kurt Bluemel, a Baltimore County-based commercial nursery, underscores the critical importance of enforcing pregnancy discrimination laws. The complaint alleges that the company failed to accommodate a pregnant employee seeking to return to work after maternity leave. Upon her attempt to resume her position, she was informed that no work was available despite the company hiring new, non-pregnant employees both before and after her return attempt. Such actions, if proven, directly violate the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act of 1964. This case raises serious concerns about the commitment of businesses to upholding workers’ rights, particularly those of pregnant employees.

The Pregnant Workers Fairness Act: A Timely Intervention

Enacted to protect the rights of soon-to-be-mothers in the workplace, the PWFA requires employers, agencies, unions, and employees to provide reasonable accommodations to qualified employees experiencing limitations related to pregnancy or childbirth. This is unless such accommodations would lead to undue hardship to the business.

The enforcement of the PWFA mirrors the provisions of Title VII and related acts, permitting damages but with limitations if the employer can prove a good faith effort to provide reasonable accommodations. The Equal Employment Opportunity Commission (EEOC) has been charged with the task of creating regulations and has made improvements to charge processing.

Decoding the Pregnant Workers Fairness Act

The PWFA is comprehensive in its approach to safeguarding pregnant employees. It defines “known limitation” as any physical or mental condition related to pregnancy or childbirth communicated to the employer. Even conditions that may seem minor, episodic, or related to general health, if related to pregnancy or childbirth, must be acknowledged by the employer.

The Act provides a framework to support reasonable accommodations for pregnant employees, from temporary suspension of certain functions, job restructuring, to assignment in a light or modified duty program. Employers are required to find the best fit that does not result in undue hardship.

The Importance of Career Continuity for Women

The devastating reality is that women often face significant hurdles in maintaining their careers while pregnant or raising families. This not only stunts career growth but also disrupts financial stability and well-being. It is absolutely critical that businesses take steps to accommodate pregnant employees’ needs, ensuring they can effectively balance their professional responsibilities and personal health.

A Final Word – Know Your Rights

If you have personally experienced pregnancy-related discrimination or retaliation, it’s paramount that you seek assistance. Contact an experienced employment law attorney who can help assess your situation and guide you through the legal recourse available. The law is there to protect you – you don’t have to face discrimination in silence.

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Protecting Pregnant Workers: A Close Look at the Laws and the Realities on Ground

Pregnancy discrimination accommodations.

Imagine landing a new job, attending the first training day, and then receiving the distressing news that “there might be something wrong with my daughter’s heart.” You are looking to seek immediate medical attention for your unborn child, but instead of understanding or empathy from your new employer, your job offer is rescinded. This is not fiction; it is a story that unfortunately unfolded for a sales consultant at Victra’s Dayton, Nevada, store.

Victra, a nationwide retailer of Verizon mobile devices, has been sued for alleged violations of the Civil Rights Act of 1964 under Title VII and the Americans with Disabilities Act (ADA). Before we delve into the details of the lawsuit, it’s pivotal to understand the laws that protect pregnant workers.

The Americans with Disabilities Act passed in 1990, prohibits discrimination against a qualified individual because of a pregnancy-related impairment that an employer regards as a disability. It paved the way for heightened awareness and protection for people with disabilities, including those related to pregnancy, ensuring their right to equal employment opportunities.

More recently, on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, providing additional protections for pregnant workers. The PWFA requires employers to provide pregnant workers with equal opportunities and flexibility as they do for other applicants or employees.

These laws aim to put a stop to discrimination against pregnant employees or applicants who may need immediate and emergency care related to pregnancy. Yet, the Victra case reminds us that these unfair practices still exist. The plaintiff in this lawsuit was denied the right to leave training for urgent prenatal care and lost her job as a result.

The sad reality is that pregnant workers should never have to choose between keeping their jobs or seeking urgent prenatal care to protect the health of both parent and child. Losing the ability to earn income during such a critical time is challenging and disheartening. Thankfully, entities like EEOC are there to defend the rights of pregnant applicants and employees against employment discrimination.

If you have experienced pregnancy-related discrimination, remember that you are not alone. There are laws designed to protect you and legal professionals available to help you navigate these daunting situations. An experienced employment law attorney can guide you through the legal processes, ensuring your rights are protected and justice is served. It’s crucial not to let discriminatory behavior go unchallenged. Stand up against it because each voice contributes to a louder call for equality, fairness, and justice in the workplace.

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Pregnant Workers Fairness Act Final Rule

Pregnancy discrimination accommodations.

The U.S. Equal Employment Opportunity Commission (EEOC) has released a final rule to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations” for pregnant workers’ known limitations related to pregnancy, childbirth, or related medical conditions. An exception is if the accommodation causes undue hardship to the employer. The final rule will be published in the Federal Register on Apr. 19 and will take effect 60 days after publication.

This rule builds upon existing protections against pregnancy discrimination and access to reasonable accommodations. The EEOC started accepting discrimination charges on June 27, 2023, when the PWFA became effective.

The final rule provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations and numerous concrete examples. It reflects the EEOC’s response to approximately 100,000 public comments received on the Notice of Proposed Rulemaking.

The PWFA empowers pregnant workers by providing them with clear access to reasonable accommodations, ensuring they can continue their jobs safely and effectively, free from discrimination and retaliation. This final rule, a testament to their rights, offers crucial information and guidance to help employers fulfill their responsibilities and to help job seekers and employees understand their rights. It fosters a culture of open communication, encouraging employers and employees to engage early and often, enabling them to identify and resolve issues in a timely manner.

The final regulation provides numerous examples of reasonable accommodations, such as

  • additional breaks to drink water, eat, or use the restroom;
  • a stool to sit on while working;
  • time off for health care appointments;
  • temporary reassignment;
  • temporary suspension of certain job duties;
  • telework;
  • time off to recover from childbirth or a miscarriage, among others.

It also provides guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation. This includes miscarriage or stillbirth, migraines, lactation, and pregnancy-related conditions that are episodic, such as morning sickness.

The final regulation underscores the importance of early and frequent communication between employers and workers. It emphasizes the shared responsibility in raising and resolving requests for reasonable accommodation in a timely manner. It also clarifies that an employer is not required to seek supporting documentation when an employee asks for reasonable accommodation and should only do so when it is reasonable under the circumstances, fostering a sense of mutual trust and respect.

The final regulation explains when an accommodation would impose an undue hardship on an employer and its business. It also provides information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.