Posted On: February 16, 2010 by Schwartz & Perry

AIRLINE POLICY TOWARD PREGNANT EMPLOYEES FOUND TO BE DISCRIMINATORY

The New York office of the Equal Employment Opportunity Commission ("EEOC") has made its determination that a major airline's actions of allowing some employees to take "light duty" assignments and not permitting pregnant employees to do the same is discriminatory as a result of gender.

The plaintiff in the case raised violations of Title VII of the Civil Rights Act as well as the Pregnancy Discrimination Act. The EEOC found that by having a pregnant employee who is capable of working with some limitations and not allowing them to do so, is treating them differently than those who are not pregnant - which is discriminatory.

In the employment setting, pregnant women are often the most vulnerable to discrimination and ultimate termination as many employers view them as less than capable to do their job and have concerns that they will be away from the workplace while giving birth.

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