A proposed lawsuit against Wal-Mart is a class action that claims the company has discriminated against pregnant workers by denying requests to restrict heavy lifting, making them climb on ladders and making them do other potentially harmful tasks.
Details about the Pregnancy Discrimination Class Action Lawsuit
According to Reuters two claimants, Otisha Woolbright and Talisha Borders, filed the lawsuit in a federal court in Illinois. The class would include 20,000 women and before the company’s policy changed, an estimated 50,000 women. The lawsuit is based on the American Disabilities Act (ADA), and the argument is that Wal-Mart did not extend the same accommodations to pregnant women as it did to other disabled workers.
In 2014, Wal-Mart changed its company policy and began treating pregnancy as a disability. A Wal-Mart spokesman stated that Wal-Mart has always abided by federal law and addressed pregnancy as a protected class.
In a U.S. Supreme Court 2015 decision that involved the United Parcel Service, the court ruled that employers must treat pregnant women the same as other workers with disabilities or medical conditions.
The claimants’ lawyers’ argue that the Wal-Mart policy did not adequately address the issue.
Case Details about the Claimants
Otisha Woolbright claimed when she worked in a Florida Wal-Mart, her manager told her that pregnancy was not an excuse to get out of doing heavy lifting. She claims that after she injured herself living trays that weighed as much as 50 pounds and after she asked further about the company’s pregnancy policies, the store fired her.
Tallish Borders worked at an Illinois Wal-Mart. She claims she was reprimanded for having workers climb ladders and lift heavy boxes due to her pregnancy, and she was forced to go on an unpaid leave. When she returned to work, the store paid her $2.00 less per hour.
Legal Help for Business Owners
Often a sound company policy can help employers avoid lawsuits, and it is wise to review policies with legal counsel to ensure you have protected your business. If you own a business and face employment or labor disputes, Stephen Hans & Associates can provide you with seasoned legal advice and representation.