In a recent case, Castle Hills Master Association and its affiliated property management companies agreed to pay $55,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit was filed on behalf of a pregnant resident coordinator who was terminated from her position after developing placenta previa, a pregnancy-related disability requiring bed rest. The employee was subsequently denied her request for a leave of absence, leading to her unlawful termination.
The crux of the case pertains significantly to the Americans with Disabilities Act of 1990 (ADA), which expressly prohibits discrimination based on an individual’s disability, including “pregnancy-related conditions.” The ADA’s protection covers cases where an employee is “treated unfavorably due to pregnancy or a pregnancy-related condition that the employee has.”
The ADA, under Title I, explicitly protects individuals from discrimination in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It reads: “An employer cannot refuse to hire you because of a disability if you can perform the essential functions of the job with an accommodation.” This is directly applicable to the case at hand, where the dismissed employee could have continued her duties with the aid of a reasonable accommodation, in this case, a period of leave.
The ADA further states that employers must provide reasonable accommodation to an employee or job applicant with a disability “unless doing so would cause significant difficulty or expense for the employer.” This law clearly contradicts the actions of Castle Hills and its parent companies, who terminated the resident coordinator’s employment on the grounds of ineligibility for the Family Medical Leave Act (FMLA) or short-term disability benefits.
As proven in this court case, pregnancy discrimination is unlawful and a violation of an individual’s rights under the ADA. Should you, a friend, or a family member experience pregnancy discrimination, it is essential to seek legal counsel. An employment lawyer with experience in this intricate area of law can guide you through the proceedings, ensuring your rights are protected, and justice is served.