Company's Written Policy Terminated Women Employees at the Fifth Month of Pregnancy Regardless of Ability to Work
Jackson, Tenn. - A Plus Care Solutions, a supplier of direct support professional caregivers to disabled clients, violated Title VII of the Civil Rights Act of 1964 with an unlawful pregnancy policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed September 27, 2018.
The EEOC's lawsuit alleges that since at least 2010, A Plus has required female employees to sign a pregnancy policy during orientation which terminates their employment at the fifth month of pregnancy. In 2017, A Plus modified this policy to require female employees to relieve A Plus from workplace injuries incurred during pregnancy. The EEOC alleges A Plus enforced its policy against a class of women who were terminated due to their pregnancy.
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, prohibits discrimination based on pregnancy. The EEOC filed suit (EEOC v. A Plus Care Solutions, Inc., Civil Action No. 1:18-cv-01188) in U.S. District Court for the Western District of Tennessee, Eastern Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The Agency's Memphis District Office investigated the charge of discrimination.
"It is shocking in this day and age to find a company operating under a written policy which terminates women's employment based solely on pregnancy," said Delner Franklin-Thomas, district director of the EEOC's Memphis District Office, which has jurisdiction over Arkansas, Tennessee, and portions of Mississippi. "To be clear, federal law protects pregnant workers from discrimination. Employers should be aware of their obligations under the law and ensure their workplaces are free of discrimination against expectant mothers."
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.