A Pregnancy Has Been Disclosed - Do You Know How To React?

The U.S. Equal Employment Opportunity Commission sued a plumbing services provider, Guice Services, Inc., doing business as Rooter ProXpress, and alleged pregnancy discrimination.

According to the EEOC's allegations, in May 2024, an employee with pregnancy-related medical complications disclosed the issues she was experiencing to her direct supervisor - high blood pressure, nausea, and round ligament pain. She requested the next day off so she could manage her symptoms.

The next day, a company manager allegedly stated they wanted to "get rid of" the employee because she was "pregnant and having a baby".

The employer fired the employee the next day.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-rooter-proxpress-pregnancy-discrimination

Commentary

Managers and supervisors may be the first to hear sensitive information including pregnancy disclosures, a diagnosis, symptoms, family information, and more.

What happens to that sensitive information next may determine whether an organization faces a discrimination claim.

When managers and supervisors receive sensitive information, it should only be repeated on a need-to-know basis.

In the case above, the employee requested a day off to manage her symptoms. Such a simple request would be considered reasonable under the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act and should have been granted.

Depending on the accommodation requested, it may be appropriate for the manager to refer a request to those authorized to evaluate it through an interactive process.

If, however, an employee simply discloses a medical symptom related to pregnancy without asking for accommodation, the manager should not repeat the information further.

To help avoid the risks related to pregnancy disclosures, manager and supervisors should:

· Determine what the employee is asking for, if anything

· Refer all but simple accommodation requests to those authorized to evaluate them

· Refrain from sharing an employee's personal information if there is no business reason to do so

· Never speculate regarding an employee's pregnancy, leave related to pregnancy, or her ability to perform the job.

The final takeaway is managers and supervisors are on the frontlines to receive sensitive disclosures. What they disclose or do not disclose can avoid or create risk.

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