Why Saying "Yes" To Medical Appointments Lowers EEO Risk

Written exclusively for Chubbworks

The Equal Employment Opportunity Commission sued iPro Dental Laboratory, Inc., a dental manufacturer based in Fort Lauderdale, Florida, and alleged the employer discriminated on the basis of pregnancy against a former employee, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.

The EEOC alleges the employee, who worked in a non-patient-facing position, informed the company of her pregnancy and the need for related medical appointments. She was subsequently subjected to adverse treatment and discharged. The EEOC alleges these actions were motivated by her pregnancy and associated medical needs.

The EEOC filed in federal court after the failure of pre-litigation conciliation efforts, and seeks back pay, compensatory and punitive damages for the affected individual, as well as injunctive relief requiring iPro Dental to adopt policies, training, and practices to prevent and correct pregnancy discrimination in the future.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-ipro-dental-pregnancy-discrimination

Commentary

Pregnancy, disability, and other medical conditions often require employees to attend appointments during the workday, and federal law increasingly expects employers to accommodate those needs rather than treating them as inconveniences.

Under Title VII and the Pregnancy Discrimination Act, employees cannot be singled out, disciplined or terminated because they need prenatal, postnatal, or related care. The Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. These accommodations can include schedule changes, flexibility for medical visits, and time off to recover, unless doing so would impose an undue hardship.

Leave for medical reasons, including time off to see a health care provider, is a form of reasonable accommodation that may be required even when the employee has exhausted other leave or is not otherwise eligible for leave under standard policies.

Employers that hesitate, deny, or punish employees for attending medical or pregnancy-related appointments risk EEOC charges, litigation, back pay awards, and injunctive orders mandating policy changes, training, and monitoring.

A strong loss prevention approach includes a clear written policy that recognizes pregnancy-related appointments as potential accommodations, a prompt interactive process to explore options, documentation of decisions and consistent training for supervisors so they do not discourage or penalize employees for requesting time away for needed care.

The final takeaway is that by responding quickly and flexibly to requests for pregnancy-related appointments, employers help support workforce health, protect themselves from costly claims, and demonstrate compliance with federal requirements.

Additional Source: https://www.eeoc.gov/pregnancy-discrimination

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