Imagine Schools, Inc., a nationwide operator of
charter schools, will pay $570,000 to settle a pregnancy discrimination
lawsuit filed by the U.S. Equal Employment Opportunity Commission,
(EEOC), the federal agency announced.
The suit, filed in U.S. District Court for the Western District of Missouri (EEOC, et al. v. Imagine Schools, Inc.,
No. 4:08-cv-00731-SOW), charged that Imagine Schools discriminated when
it chose not to retain two pregnant employees after closing its charter
middle school in Kansas City, Mo., and opening a private middle and
high school, Renaissance Academy, at the same location. The lawsuit
claimed that the company did not rehire LuShonda Smith, an office
manager, and Charity Brooks, an administrative assistant, to work at
the new school because they were pregnant.
Pregnancy discrimination violates Title VII of the Civil Rights Act
of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed
suit in September 2008 after first attempting to reach a pre-litigation
settlement. Smith and Brooks, who intervened in the EEOC’s suit, were
represented by Patrick Reavey and Kevin Koc of Reavey Law LLC in Kansas
City, Mo.
“Unfortunately, the EEOC keeps having to drive home the point that
no woman should lose her means of earning a living simply because she
is pregnant,” said EEOC Acting Chairman Stuart J. Ishimaru. “This
significant settlement should serve as a reminder of that fact to other
employers.”
In addition to requiring $570,000 in back pay, emotional distress
damages, and attorneys’ fees, the two-year consent decree, which must
be approved by the court, requires the nationwide charter school
company to disseminate a policy on pregnancy discrimination, provide
management training on such discrimination, report internal
discrimination complaints to the EEOC, and prominently post a notice
regarding employee rights under federal anti-discrimination laws
enforced by the agency.
“There is no excuse for a company in the business of educating
children to discriminate against pregnant women,” said EEOC Regional
Attorney Barbara A. Seely. “We are pleased that Imagine Schools is now
setting a good example for today’s youth by recognizing that working
mothers deserve the same opportunities as all other employees.”
Pregnancy discrimination charges filed with the EEOC and state and
local Fair Employment Practices Agencies rose from 4,160 in Fiscal Year
2000 to 6,196 in FY 2009.
In April 2009 the EEOC issued a document on best practices to avoid
discrimination against workers with caregiving responsibilities. It is
available at http://www.eeoc.gov/policy/docs/caregiver-best-practices.html.