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EEOC Discrimination Lawsuit Claims Company Revoked Woman’s Job Offer After Learning She Was Pregnant

Beautiful pregnant lady using computer at work

For more than two decades, our Citrus County, Florida discrimination attorneys have represented Florida employees who have been discriminated against on the basis of pregnancy. Having decades of experience representing pregnancy discrimination victims, our Inverness, Florida discrimination lawyers know that employers often revoke job offers to women after learning they are pregnant. In some cases, employers even incredulously attempt to justify the revocation of an offer of employment by telling women they cannot hire someone who is pregnant. In this article, our Citrus County, Florida discrimination attorneys explain how a pregnancy discrimination lawsuit recently filed by the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates that employers are prohibited from refusing to hire a woman because she is pregnant or revoking a woman’s job offer because she is pregnant.

Pregnancy Discrimination Lawsuit

On December 9, 2021, the EEOC issued a press release announcing that it has filed a pregnancy discrimination lawsuit against DLS Engineering Associates, LLC (DLS). On December 9, 2021, the EEOC filed the pregnancy discrimination lawsuit, U.S. Equal Employment Opportunity Commission v. DLS Engineering Associates, LLC,  Case No. 3:21-cv-1214, in the U.S. District Court for the Middle District of Florida after initially seeking to resolve the case without the necessity of litigation through its lawfully mandated conciliation process. Unable to resolve the case through informal conciliation efforts, the EEOC invoked its statutory right to address the alleged unlawful employment practices through litigation.

Legal Rights Of Pregnant Job Applicants

The EEOC has brought the pregnancy discrimination lawsuit pursuant to the Pregnancy Discrimination Act of 1978 (PDA) on behalf of an applicant for employment with DLS, a woman named Anderson. The PDA protects employees and job applicants from discrimination on the basis of pregnancy, childbirth, or related medical conditions. When an employer fails or refuses to hire a job applicant because she is pregnant, the employer has unlawfully discriminated against the job applicant on the basis of pregnancy in violation of the PDA. Likewise, when an employer revokes a woman’s job offer because she is pregnant, the employer has discriminated against her on the basis of pregnancy in violation of the PDA. The EEOC claims that DLS violated the PDA by failing to hire Anderson because of her pregnancy after revoking her offer of employment.

EEOC Alleges Discriminatory Failure To Hire

In 2020, Anderson sought employment with DLS by applying for the position of Engineering Logistics Analyst. The EEOC claims that Anderson was qualified for the position based on her service in the U.S. Navy. In December 2020, a DLS employee named Rodriguez interviewed Anderson for the position. On December 11, 2020, following the interview, Rodriguez extended an offer of employment to Anderson. Anderson accepted the employment offer that same day.

Later in December 2020, Rodriguez informed Anderson that a company laptop would be shipped to her and directed her to purchase safety equipment. On December 28, 2020, Anderson informed Rodriguez that she was five months pregnant. Following Anderson’s disclosure, Rodriguez called Anderson to inquire as to whether there was additional information he should know regarding her pregnancy. During that call, according to the EEOC, Anderson informed Rodriguez that there was no additional information he should need and gave no indication that she would be unable to complete any requirements of the position due to her pregnancy, nor any indication that she would take a maternity leave.

On December 29, 2020, Rodriguez called Anderson against and rescinded the offer of employment. As a reason for rescinding the job offer, Rodriguez explained they could not hire someone who was pregnant, citing that time off needed for pregnancy and maternity leave would not be feasible with the current project schedule, that the work environment was too hazardous, and that the physical requirements of the job could not be met. Rodriguez memorialized these same reasons for rescinding the job offer in an email to the Controller for DLS. The EEOC alleges that DLS later hired an individual who was not pregnant to fille the Engineering Logistics Analyst position.

Lawyers For Pregnancy Discrimination Victims

The EEOC is the administrative agency of the federal government responsible for administering, interpreting, and enforcing federal employment laws prohibiting discrimination in the workplace, including discrimination on the basis of pregnancy. In enforcing the federal anti-discrimination laws, the EEOC also has the authority under federal law to file lawsuits on behalf of pregnancy discrimination victims.

In a press release issued by the EEOC on December 9, 2021 regarding the case, the acting regional attorney for the EEOC’s Miami District Office, Kristen Foslid, observed that “this case underscores the need for the EEOC to continue its vigorous enforcement of the laws that protect all women from harmful discrimination.” In commenting on the case, the Director of the EEOC’s Miami District Office, Paul Valenti, explained that “a woman’s decision to work while she is pregnant rests solely with her.” “The EEOC remains steadfast,” Mr. Valenti added, “in its commitment to take legal action against those who engage in pregnancy discrimination by forcing that decision.”

Discrimination Lawyers In Citrus County, FL

Based in Ocala, Florida, and representing workers throughout Florida, our discrimination attorneys in Citrus County, Florida have litigated employment discrimination lawsuits in Florida courts for more than two decades. If you have been discriminated against because of pregnancy or have questions about whether your rights as a pregnant employee or job applicant have been violated, please contact our office for a free consultation with our discrimination lawyers in Inverness, Florida employment. Our employment law attorneys take employment discrimination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.

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