Allegations of pregnancy discrimination increasing nationwide

On Mar. 29, the US Equal Employment Opportunity Commission (EEOC), which enforces federal laws prohibiting job discrimination, filed a federal lawsuit against the Happy Dog Pizza Company of Gilroy, CA, for its decision to fire Lalani Ponce in February 2005 because she was pregnant. The EEOC is seeking back pay, lost wages and compensatory damages on her behalf. William Tamayo, a regional attorney for the agency, says that Ponce went to work at the pizzeria with three years of experience as a restaurant manager. Ponce did not know of her pregnancy before starting the job, and she informed the owner Steve Gearing after being employed about a month, Marcia Mitchell, a senior EEOC attorney, said. The baby's father, Alex Jara, who died in a car accident in January 2006, was the restaurant's executive chef at the time. According to the EEOC, Ponce learned from Jara and other coworkers that shortly before firing her, Gearing had commented negatively about her pregnancy, saying that "we can't have a pregnant waitress" and "[Ponce] can't manage the restaurant if she is going to leave within a few months." Gearing denies the allegations and declined to settle with the agency in August 2006. The suit will move forward on July 3, when attorneys meet to lay out a schedule for the case. Federal officials say this is by no means an isolated incident. While statistics released by the EEOC show that most types of discrimination charges filed by employees went up in 2006, pregnancy discrimination complaints are at a historical high, increasing 23 percent since 1997. A record 4,901 complaints of pregnancy discrimination were filed to the EEOC in Fiscal Year 2006, boosting it to one of the fastest-growing workplace bias allegations. The most common allegations involve not being hired, unlawful demotions and firing, EEOC and workplace consultants say. Officials also maintain pregnancy discrimination often goes unreported. EEOC spokesperson David Grinberg said that the 2006 figure may not reflect the true scope of the problem because many women, especially those on a professional track, see filing a complaint and litigation as a "career killer." Under federal law, employers must treat pregnancy like a temporary disability or medical condition. The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act, applies to employers with 15 or more employees, and prohibits discrimination against pregnant women when it comes to hiring, leave programs, health insurance and other benefits. Of the 4,629 pregnancy discrimination complaints closed by the EEOC in FY 2006, about 27 percent were considered to be favorable outcomes for the women who filed the complaints, including settlements. EEOC lawsuits have been filed against some well-known companies, including Verizon Communications and Mothers Work Inc., which operates Motherhood Maternity. Both cases resulted in settlements with the company denying the allegations. Verizon agreed last year to pay $48.9 million to settle charges that its predecessor companies Nynex and Bell Atlantic discriminated against employees who were pregnant or on maternity leave. The settlement covered more than 12,000 current and former female employees in 13 states. In January, Philadelphia-based Mothers Work agreed to pay $375,000 to settle a lawsuit alleging that it refused to hire qualified female applicants at a Florida Motherhood Maternity store because they were pregnant. Another EEOC case settled in January was filed by the Baltimore office on behalf of Kimberly Sudhoff, against Falling Spring Corp., the franchise owner of the Hampton Inn in Hagerstown, MD. Just days before starting her new job as a receptionist, a manager called her and asked for her uniform size. Because she was four months' pregnant, Sudhoff said she wasn't sure. A few days later the manager rescinded the employment offer and encouraged her to reapply after having the baby. Falling Spring also denied the allegations, but agreed to pay $45,000 to Sudhoff, and to provide training to managers and employees on anti-discrimination laws, particularly relating to pregnancy. Workplace consultants say training is the key to prevent any type of workplace discrimination. Jocelyn Frye, a general counsel for the non-profit National Partnership for Women & Families, said companies need to specifically address pregnancy discrimination, in addition to training to prevent sexual harassment and sex discrimination.