Ford Motor Company has agreed to pay $115,000 to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of an applicant at its stamping plant in Chicago Heights, Illinois.
According to the lawsuit, Ford gave the applicant a conditional offer of employment subject to her passing a physical, drug test, and background check. She passed each test. All should have been fine, right? Well, she also disclosed at her physical that she was pregnant. And although Ford’s doctor cleared her to begin work, the Company did not schedule her for her first day. In fact, the woman repeatedly called Ford to find out when she would begin working but was given different answers until she was told two months later that the Company was no longer hiring. The lawsuit alleged that Ford refused to hire her despite her qualifications because she was pregnant, in violation of federal law.
In addition to paying $115,000, Ford agreed to a two-year consent decree that prohibits pregnancy discrimination and retaliation at the stamping plant facility. This includes prohibiting Ford from requiring more medical documentation or releases from pregnant employees than it does from other employees, and requires Ford to adopt procedures for notifying pregnant applicants and employees if it needs more medical information; provide anti-discrimination and harassment training; adopt and maintain equal employment opportunity policies that include a robust complaint and investigation procedure; and report complaints of pregnancy discrimination to the EEOC. During the two years the decree is in effect, the EEOC will monitor Ford’s compliance with these obligations.
What this means to you:
Employers cannot refuse to hire qualified candidates just because they are pregnant. Employers also cannot alter a pregnant employee’s job duties based on its own opinion or assumption that the employee cannot perform the duties or that the employee and/or her baby need protection.
Make sure your decision-makers understand what they can and cannot consider with respect to employment decisions. To learn about our Managing Within the Law program or to book a workshop, please call 800-458-2778 or email us.
Updated 12-12-2022
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
