The Equal Employment Opportunity Commission has issued new guidelines for employers to prevent pregnancy discrimination. According to the agency, pregnancy discrimination claims are on the rise and lawsuits continue to be filed against employers who are in violation of federal labor laws. The Washington Post reports that the EEOC has filed a lawsuit against Savi Technology, an analytics firm, accused of discriminating against a female applicant who had recently given birth. Though the firm disputes the allegations, the EEOC has investigated the claim and decided to pursue a lawsuit, which was made public on August 7, 2014.
In accordance with the Pregnancy Discrimination Act, employers are prohibited from discriminating against pregnant women or based on childbirth and related medical conditions. There are many examples of pregnancy discrimination, including failure to hire, termination, failure to provide reasonable accommodations, or generally treating a female employee differently because she is pregnant. A representative from the EEOC found that the case was highly suspect since the woman was removed from her job immediately after the employer discovered that she was pregnant.
Now facing a lawsuit from the EEOC, Savi has asserted that they knew of her pregnancy when she was offered the job and rescinding the offer had nothing to do with her having a newborn. According to the tech company, the applicant formally rejected the offer with a counter offer under new conditions. These conditions were materially different from the original offer and were totally unrelated to pregnancy or related medical conditions. Executives from Savi claimed that the counter offer was unacceptable, rejected the counteroffer, and subsequently rescinded the original job offer.
Since the EEOC learned of the rescinded offer and initiated an investigation, the company is also seeking an injunction to prevent future discrimination. The lawsuit is seeking compensation for the plaintiff, including lost wages, punitive damages and other forms of relief. The lawsuit was filed in the U.S. District Court for the Eastern District of Virginia and will likely be aggressively challenged by the defendant company. The EEOC is the federal agency charged with ensuring that companies are not in violation of federal labor laws. According to reports, the EEOC has recovered $3.5 million since 2011 in 45 lawsuits that involved pregnancy discrimination.
Pregnancy discrimination is illegal and women who have suffered discrimination in the workplace have the right to take action. An experienced employment law advocate can review the facts of your case, identify misconduct, and aggressively pursue compensation on your behalf.
Employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 949.375.4734.
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