How to get sued for Pregnancy Discrimination

A Recent EEOC lawsuit highlights employer actions that may expose an employer to a lawsuit for pregnancy discrimination under Title VII.  The EEOC’s claim of pregnancy discrimination was based on the following facts: when the employee called to schedule her return to work after maternity leave, the employer told her there was no work for her and she would be called when work was available.  The employer never contacted the employee, but evidence showed that around the time the employee called to return to work, the employer was soliciting applications for her position and hired several men to perform the same job as the female employee.   Whether the EEOC will prevail is not known.  What is clear, however, is that employers should be cautious when replacing a qualified female employee who takes maternity leave with a male employee.

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