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| $2.1M for Mommy Bias |
A recent case involving an Akron, Ohio, department store manager illustrates the high-cost of illegal caretaker bias.
For ten years, Teresa Lehman was an assistant store manager at several Kohl's department stores in Northern Ohio. During her decade with the company, which operates over 800 stores in 47 states, Lehman was told she was a top candidate for promotion and she looked forward to managing her own Kohl's location. But, in 2005, Lehman quit, claiming that she was unfairly denied the opportunity.
According to a Cuyahoga County jury, Lehman was right. The jury concluded that the department store illegally discriminated against Lehman based on her pregnancy and gender, entitling her to a $2.1 million verdict.
As described by Cleveland's The Plain Dealer, Lehman "aspired to raise a family while she pursued a career in retail management." In a four-year period while working for Kohl's, Lehman and her husband had three children.
"She was a career woman who dared to want a family, too," said Lehman's lawyer Caryn Groedel. The lawyer told the jury that Lehman's career "took a nose dive" after she became pregnant.
Jurors heard how Lehman was skipped over for five store manager positions in a two-month period in favor of less-qualified men, or in favor of women who didn't have (and didn't plan on having) children. Additionally, she faced hostile questions from her supervisors, including: "You're not going to get pregnant again, are you?"; "Did you get your tubes tied?"; "Are you breast-feeding?"; and (after her first child died shortly after being born three-months prematurely) "I thought you couldn't have any more kids."
The company's lawyer, Mike Phillips, told the jury that Kohl's didn't hold Lehman's family duties against her. "Teresa Lehman had every opportunity to succeed," said Phillips. "But she was not the best-qualified candidate for the jobs."
The jury, however, accepted Lehman's version. One juror, Linh Duong, told reporters, "I think she was very poorly treated because she was pregnant, because she wanted to have a family."
Besides the $2.1 verdict, the company will likely be liable for Lehman's lawyer fees, which are estimated to be $840,000. [Lehman v. Kohl's (OH 2007)]
Note: We recently wrote about a new guide from the Equal Employment Opportunity Commission (EEOC) explaining when discrimination against a working parent may violate federal laws; see EEOC Guide to Caregiver Bias. Or, for information on this topic tailored to your company profile, request: |
5560 Sex Discrimination: Overview
5610 Definition of Pregnancy & Maternity Discrimination
9564 Promotion Checklist
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