The U.S. Equal Employment Opportunity Commission
(EEOC) announced that Chief Judge Michael J. Davis of U.S.
District Court in Minneapolis has approved a consent decree settling a
pregnancy discrimination lawsuit filed by the EEOC against White Way
Cleaners for $42,250 and other relief. White Way is a dry cleaning
company located in St. Paul, with store locations in Minneapolis and
St. Paul as well as pick-up and delivery service to the Twin Cities
suburbs.
In its lawsuit, the EEOC charged that White Way violated Title VII
of the Civil Rights Act of 1964, as amended by the Pregnancy
Discrimination Act (PDA), by taking adverse action against a pregnant
employee. Under the PDA, an employer is prohibited from taking action
against women who are pregnant by refusing to hire them, transferring
them, denying them a benefit of employment or firing them due to their
pregnancy.
The EEOC alleged that White Way maintained a policy of transferring
pregnant women from the dry cleaning plant to store positions. Michelle
Johnson worked as a presser at White Way, and was transferred to a
counter position in a store when she became pregnant. The EEOC alleged
that Johnson was denied a raise while working in the counter position
as a result of her transfer. Johnson became pregnant again, and within
days of notifying White Way of her pregnancy, she was terminated.
“This was an important case for the EEOC because it underscores the
clarity and strength of federal law regarding pregnancy
discrimination,” said John Hendrickson, the EEOC regional attorney for
the Chicago District, which includes Minnesota. “The U.S. Supreme Court
held almost 20 years ago that an employer may not substitute its own
judgment on an employee’s pregnancy for hers. The EEOC is dedicated to
ensuring that women are not treated differently because they are or may
become pregnant, and this case reminds employers of their obligations
under the law.”
According to Associate Regional Attorney Jean Kamp, who supervised
the EEOC’s litigation effort, the linchpin evidence in the agency’s
case was the fact that White Way maintained a policy that discriminated
against pregnant employees. Kamp said that the evidence clearly showed
White Way had applied its discriminatory policy to Johnson.
Kamp added, “Such policies, even if well-intentioned, can’t justify discrimination.”
White Way will pay Johnson
monetary damages of $42,250. The decree also contains an injunction
prohibiting the company from engaging in further discrimination on the
basis of pregnancy, as well as prohibiting retaliation against
employees who exercise their rights under the federal civil rights laws
relating to employment. White Way will be required to provide training
to managers and employees and to report to the EEOC for the next two
years.