Publix Accused of Firing New Mother for Taking Leave After Giving Birth

The supermarket chain, Publix, is facing a lawsuit under the Pregnant Workers Fairness Act (PWFA). Publix is alleged to have fired a pregnant employee because she needed accommodations for pregnancy related medical conditions and planned to take leave for her upcoming childbirth, according to her lawsuit.

According to the complaint, the employee worked as an inventory control analyst at a store in Polk County, Florida. During her pregnancy in 2023, she experienced severe morning sickness and pregnancy-related hypertension. Early during the pregnancy, she was called back to the store from teleworking and eventually required to report to work at 5:00 AM, when her morning sickness was at its worst, the complaint alleged.

The Pregnant Workers Fairness Act took effect in June of 2023. Publix then granted the employee’s request to work from home, with brakes as needed, according to the lawsuit. Shortly before she was ready to give birth, Publix fired her, purportedly for completing work without being logged in, although it allegedly never told her this was a problem and didn’t discipline similarly situated employees who were not pregnant, her complaint stated.

Employee sues under the Family and Medical Leave Act, among other civil rights legislation

The worker sued Publix for violating the PWFA, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, and the Florida Civil Rights Act. The worker’s lawsuit alleges that the employee was fired from Publix because she requested and used a reasonable accommodation for her pregnancy-related limitations, medical conditions, and disability. She further alleged that she was terminated because she planned to take FMLA leave for the baby’s birth and care. A representative from Publix told reporters that it would be inappropriate for the company to comment on pending litigation.

This lawsuit is a reminder to employers that preventing pregnancy-related discrimination often involves issues that go beyond ensuring pregnant employees are provided with reasonable accommodation. However, the PWFA and the ADA place the accommodation requirements front and center. Under the PWFA, absent undue hardship, employers must provide a reasonable accommodation to a qualified employee or applicant for their known limitation related to pregnancy, childbirth, or other related medical conditions according to a general guidance from the US Equal Employment Opportunity Commission. The guidance notes that this includes issues like morning sickness.

Recently the EEOC has filed several lawsuits related to pregnancy discrimination. In one case, the EEOC sued an employer for allegedly denying a pregnant employee’s request to transfer to a role that did not require her to lie on her stomach in another case, an employer allegedly refused to allow an employee to sit, take breaks or work part time as her doctor required for the final trimester of a high risk pregnancy. In yet another case, an employer paid $100,000 to settle EEOC allegations it violated the PWFA by not accommodating one of their employees and ultimately firing the employee who asked for leave to recuperate and grieve for giving birth to a stillborn baby.

Talk to a Tampa FL FMLA attorney today 

Have you been retaliated against for requesting time off for a medical condition? If so, you may be entitled to compensation. Call the Tampa FMLA attorneys at Florin Gray to request an appointment and we can begin discussing your case immediately.

Source:

legaldive.com/news/publix-pregnant-workers-fairness-act-lawsuit/736707/