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| "After the Baby" Costs $220K+ |
Wal-Mart will pay nearly a quarter million dollars to settle a decade-old pregnancy discrimination lawsuit. The Equal Employment Opportunity Commission (EEOC) convinced a jury that a Wal-Mart store in Green Valley, Arizona, refused to hire Jamey Stern after she told them in 1991 that she was expecting a child.
According to the lawsuit, a Wal-Mart manager told Stern to "come back after she had the baby." At that time, Stern wasn't aware that the law prohibits employers from refusing to hire someone because they are pregnant. However, Stern soon learned about her legal rights when she read a magazine article in her doctor's office. She then filed a charge of discrimination with the EEOC.
The EEOC first filed a lawsuit on her behalf in 1994. However, the litigation involved multiple trials and appeals. Recently, the case was sent back for another trial where the jury was to be told that Wal-Mart fabricated a number of facts during the case. To avoid liability for punitive damages, Wal-Mart and the EEOC reached a settlement in December 2002. The national retail giant agreed to pay $220,000 and provide comprehensive training to staff concerning the Pregnancy Discrimination Act of 1978.
The Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964, forbids employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
EEOC attorney Mary Jo O'Neill noted, "Sometimes employers don't take pregnancy discrimination as seriously as other kinds of discrimination. It is illegal to refuse to hire a woman because she is pregnant."
The EEOC's trial attorney Sally C. Shanley remarked, "It is very satisfying to be a part of this settlement as it sends a message both to employers and employees that there is recourse for discrimination in the workplace and that the Commission will persist in seeking justice."
For more information on this topic that's tailored to your company profile, request Memos: |
5610 Definition of Pregnancy & Maternity Discrimination
5615 Accommodating Pregnancy & Maternity
7410 Hiring Practices
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