Work With HR When Accommodating Pregnant Employees

Feit Electric Inc., a California lightbulb manufacturer, settled a pregnancy discrimination lawsuit for $100,000.

The U.S. Equal Employment Opportunity Commission had sued the employer and alleged that the worker, assigned by workforce provider Eastridge Workforce Solutions to Feit Electric, was ultimately terminated because of her pregnancy.

The EEOC also sued Eastridge Workforce Solutions for pregnancy discrimination. That matter was settled separately for $185,000.

Source: https://www.eeoc.gov/newsroom/feit-electric-inc-pay-100000-eeoc-pregnancy-discrimination-lawsuit; https://www.eeoc.gov/newsroom/teg-staffing-inc-pay-185000-eeoc-pregnancy-discrimination-lawsuit

Commentary

The lesson from the above matters is that pregnancy discrimination creates high risk of loss if not managed carefully. In almost every case, managing pregnant workers is best accomplished by managers and supervisors under with the guidance of human resources personnel.

It is important that frontline managers understand that pregnant employees may have job-related protections pursuant to several federal, state, and local laws. Compliance with each of them, and the interplay of them, requires the input of professionals that know the law, know the organizations procedures and standards for accommodation, and have access to professionals, like attorneys or medical personnel, who can walk them through the issues that can lead to liability or cause harm to the pregnant employee.

Even so, simple temporary accommodations, such as allowing extra restroom breaks, seating, or food or water at a workstation, can be temporarily implemented by a manager and supervisor and documented for HR to review to make sure they are aligned with existing standards and procedures and the law. If changes to a temporary accommodation have to be made, the changes should be considered using an interactive process with the pregnant employee.

The final takeaway is that managers and supervisors should work with HR when an accommodating pregnant employees to promote safety and limit liability. If HR determines accommodations are appropriate, help implement the accommodations.

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