Being pregnant Discrimination Act Violation – EEOC Information Lawsuit In opposition to Nursing Dwelling
The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against an Illinois nursing home for discriminating against pregnant workers. According to the lawsuit, the facility required pregnant workers to disclose pregnancies and obtain medical certificates showing that they could work without restriction.
According to the EEOC, the nursing home violated both the Pregnancy Discrimination Act, which amended Title VII of the 1964 Civil Rights Act, prohibiting employers from discriminating against workers based on pregnancy or pregnancy symptoms, and the Americans with Disabilities Act (ADA). The ADA prohibits employers from requiring employees to undergo medical examinations without a compelling business need.
In this case, employers are accused of having a written obligation to disclose pregnancies, to obtain a medical certificate stating that the employee did not need any precautions, and finally to terminate employees who have been with the company for less than a year if an arrangement is made was required.
The ADA does not regard pregnancy itself as a disability within the meaning of the law, but does consider pregnancy-related circumstances. The ADA also does not have tenure requirements to enable an employee to request reasonable accommodation without fear of adverse action.
This case should remind employers that pregnancy is a protected characteristic that cannot be discriminated against and that reasonable accommodation should be provided regardless of the length of the worker’s tenure.