It can be very difficult for a business owner to keep things running smoothly and fully staffed some days. It’s easy to make decisions that seem to be right for the operation, but that turn out to be unlawful and discriminatory, even unintentionally. Business owners leave themselves exposed to claims of biased decision making if they don’t take careful consideration of not only their business needs, but also the needs of their employees and the associated legal requirements. This was the case for Jani-King, recently accused of pregnancy discrimination by a former employee. Jani-King is a national franchised janitorial company, based in Dallas, Texas. They hire janitors, housekeepers, and related workers to provide cleaning services to residential and commercial customers.
Last year, one of their housekeepers informed her manager that she was pregnant but would continue to work as long as possible. Apparently, the manager became nervous about her working a fairly physically demanding job and requested a doctor’s note confirming that she was able to work. The employee did provide a doctor’s note stating that she was in good health and was able to work until further notice.
Nevertheless, the manager didn’t believe she could perform the work and cut her hours. She was later fired even though her doctor cleared her as fit for work. When the employee filed a pregnancy discrimination lawsuit against Jani-King, the company failed to answer the charges or appear in court.
Not only was Jani-King fined $50,000 plus significant injunctive relief, but the US District Court fined them the highest amount allowable for pregnancy discrimination claims against employers with less than 100 employees. In addition, Jani-King was required to publish and enforce a policy to permit pregnant women to work as long as they are willing and able.
Here are 5 things business owners must do to prevent such penalties and avoid pregnancy discrimination charges:
- Be proactive and establish a written policy that prohibits discrimination against employees for medical reasons, including pregnancy discrimination.
- Be clear in expectations, complaint resolution procedures and consequences of violation.
- Educate all employees, especially supervisors and managers, regarding the intention of the policy and the appropriate steps to take in handling concerns about medical situations that may be considered safety factors in the workplace.
- Work with a human resources professional to ensure you understand the interaction between worker’s compensation laws, The Americans With Disabilities Act including recent updates, HIPAA privacy laws and other related regulations that govern pregnancy discrimination issues.
- If you receive notice that you are being charged with a legal complaint of any kind, do not ignore the notice or let it get lost. Be sure to take it seriously and handle it in a timely and professional manner.
And remember, if you’re not sure about the best course of action when faced with situations involving medical issues, such as a pregnancy discrimination lawsuit, contact us for assistance, at www.thegalatasgroup.com. We are here to help you navigate your HR landscape.
Avoiding Pregnancy Discrimination Claims by Donna Galatas
