Popeye’s Chicken And Biscuits Sued After Firing Pregnant Worker
The U.S. Equal Employment Opportunity Commission recently filed notice that Sailormen, Inc., doing business as a Popeye’s Chicken & Biscuits, has agreed to conciliate a federal charge involving allegations that the company violated the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act of 1964.
According to the EEOC’s charge, management, upon learning that an employee was pregnant, fired her because the company believed that she would need accommodations to perform her job duties. This alleged conduct violates both Title VII and the PWFA, which requires employers (absent undue hardship) to provide reasonable accommodations to employees who are affected by pregnancy, childbirth, or related medical conditions.
As part of the conciliation agreement, Sailormen, Inc. has agreed to pay compensation to the former employee for back wages she would have earned had she not been fired. In addition, the agreement requires Sailormen, Inc. to train all employees regarding pregnancy discrimination. The company will be required to appoint an EEO coordinator to ensure that the company’s revised policies and practices are aligned with the requirements of the PWFA. The company will be required to annually report complaints of discrimination to the EEOC.
Understanding the PWFA
The PWFA gives pregnant workers access to accommodations that allow them to work and maintain a healthy pregnancy. The rule prevents pregnant workers from being fired or demoted due to their pregnancy. Employers may not fire a pregnant worker simply because they are pregnant. They must make reasonable accommodations to the worker that enable them to do their job so long as it doesn’t place undue hardship on the business. In this case, the company fired the worker for getting pregnant instead of making reasonable accommodations for her. This violates the terms of the PWFA and Title VII of the Civil Rights Act of 1964.
Generally speaking, the PWFA requires an employer with more than 15 employees to provide a “reasonable accommodation” to a qualified employee’s known limitations arising out of their pregnancy, childbirth, or related medical conditions. The PWFA provides for reasonable accommodations for qualified applicants or employees who have known limitations. Under the PWFA, “limitations” are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
The PWFA applies only to accommodations. Other laws make it illegal to fire or otherwise discriminate against an employee who is pregnant. Those laws include the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).
The PWFA went into effect on June 27, 2023. On April 15, 2024, the EEOC issued its final regulation to carry out the law. The regulation went into effect on June 18, 2024.
Talk to a Columbus, OH Employment Discrimination Lawyer Today
Were you fired from a job, passed up for promotion, or otherwise prevented from seeking employment due to pregnancy? If so, you may be able to file suit against your employer to recover back wages and compensatory damages. Call the Columbus employment lawyers at Kohl & Cook Law Firm, LLC today to schedule an appointment, and we can begin investigating your case immediately.
Source:
eeoc.gov/newsroom/sailormen-inc-popeyes-conciliates-eeoc-pregnant-workers-fairness-act-charge
