Employers Can’t Act as Protectors for Pregnant Employees

The EEOC has achieved another resolution in a pregnancy discrimination case, this time against Washington-based agricultural grower, Tiny’s Organic.  A female worker, who had six years of experience at the company and had even been promoted to supervisor, was terminated 9 days after informing management that she was pregnant with twins.  Management expressed concerns for the employee’s safety, despite the fact that the employee’s doctor had released her to full duty work.  Pursuant to the conciliation agreement, the employer will have to pay $17,500 and engage in other training and remedial efforts.  You can read more about the conciliation agreement here

Employers are reminded that they cannot treat pregnant employees differently, even if the employers believe they are acting out of genuine concern for the safety of the employee and/or her fetus(es).  To do so risks violation of the Pregnancy Discrimination Act, as the Supreme Court held in Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991).  If you are an employer who is concerned with compliance with the Pregnancy Discrimination Act, contact Thorpe & Thorpe, P.A. today.

Jury Awards $60 Million in Drunk Driving Accident Case

In 2003, a Collier county teenager and her boyfriend left in their car after being served drinks at a sports bar.  On the ride home, the boyfriend nodded off, causing the car accident that would leave the teenage girl paralyzed and now a resident in an assisted living facility.  Although the accident was more than a decade ago, the case was finally resolved by a jury verdict against the sports bar and other defendants for $60 million.  While that full amount is not likely to be collected, it does serve as a stern reminder to bar owners: do not serve alcohol to minors and do not serve alcohol to individuals who are already intoxicated.  Read the full story here.

Thorpe & Thorpe, P.A. reminds you to never drink and drive.

Reminder: Treatment Required within 14 Days of Accident to Protect PIP Coverage

If you have been in a car accident, it is important to remember that Florida law requires you to seek medical treatment from a qualified provider, such as a medical doctor, chiropractor, or dentist, within 14 days of the accident in order to protect your right to receive PIP benefits.  Not all injuries will be obvious immediately after the accident, and some injuries may become worse with the passage of time.  Therefore, it is critical that if you believe you have suffered an injury due to an accident, you promptly seek medical treatment, even if it is only with your primary care physician.  You can read more about the law here

Your right to coverage through a bodily injury or underinsured/uninsured motorist policy are not affected by the 14-day rule.  So even if you did not seek treatment within the 14-day window, such as when your injuries do not show up until weeks or months after the accident, you may still be able to receive automobile insurance payments for your injuries.  Do not be embarrassed to seek medical attention and legal assistance for your injuries.  If your injuries are significant enough to impact your life, contact an attorney who can help you navigate your way through the law as it applies to your unique situation.

EEOC Continues to Focus on Pregnancy Discrimination

The EEOC recently obtained $20,000 in relief for a pregnant employee who was on the job for less than 24 hours.  The employee, who was hired to work in the kitchen of an assisted living facility, told her supervisor on her first day of work that she was pregnant.  Within hours, she was terminated.  She was then replaced by a non-pregnant individual.  The EEOC took on the case, filed suit in federal court, and was able to reach an out-of-court resolution with the Mississippi-based employer.  You can read more about the conciliation here.

Because the EEOC has made pregnancy discrimination a top priority, and the law has recently changed in this area, it is essential that employers review their policies and practices to ensure legal compliance.  Likewise, if you are an individual who has suffered pregnancy-based discrimination, you should contact an attorney as soon as possible to discuss your rights.

Comcast Corporation Settles Charges of Sex and Race Discrimination

The Equal Employment Opportunity Commission pursued a claim against cable and internet giant Comcast, which is also a federal contractor, asserting that the provider discriminated against females by steering them toward lower-paying jobs and disproportionately failing to hire non-whites.  Although the events being prosecuted by the EEOC occurred in 2006 and 2007, the parties were not able to resolve the matter until April 30, 2015.  As part of that resolution, called a conciliation, Comcast will have to pay over $150,000 to affected individuals, and must commit to hiring at least 31 individuals of minority status. 

 

You can read more about the conciliation here.

Federal Contractors Must Include Sexual Orientation and Gender Identity in their Equal Employment Opportunity Statements

Executive Order 13672, signed by President Obama on July 21, 2014, mandates that federal contractors not discriminate against employees on the basis of their sexual orientation or gender identity.  The Order requires compliance for any federal contracts entered into on or after August 19, 2014.  If your work involves contracts with federal agencies, you may want to revisit your EEO statements to ensure compliance. 

 

You can read more about this requirement here.