On August 13, 2024, U.S. Customs and Border Protection (CBP) agreed to a $45 million settlement to resolve a class action lawsuit that alleged widespread pregnancy discrimination within the agency. In 2016, CBP employees filed a complaint with the Equal Employment Opportunity Commission arguing that CBP automatically placed pregnant employees on light duty, without offering them the choice to remain in their regular positions, with or without an accommodation. Being on light duty status meant fewer overtime opportunities and fewer opportunities to earn night shift or weekend premium pay. Pregnant employees automatically placed on light duty were also required to surrender their firearms and with the possibility of having to requalify to carry their firearms. The lawsuit alleged that pregnancy was treated differently than other short-term disabilities, in that other employees were offered choice to request light duty, but pregnant employees were not.
The $45 million settlement redresses financial losses and emotional harm to the class members. In addition, CBP agreed to change its policies to ensure that pregnant employees are not discriminated against – the new policies will assume that pregnant employees can continue to serve in their positions, identifies a list of potential accommodations for pregnant employees, and mandates training on the rights and reasonable accommodations for pregnant workers.
McGillivary Steele Elkin LLP represents workers, including federal employees, who have been discriminated against because of pregnancy. Under the Pregnancy Discrimination Act, employers are prohibited from making adverse employment decisions because of pregnancy. Additionally, under the new Pregnant Workers Fairness Act, employers are required to grant temporary and reasonable accommodations to pregnant workers and cannot discriminate because of a need for a pregnancy-related accommodation.
If you believe you have experienced pregnancy discrimination, please contact us at info@mselaborlaw.com
