A store manager refused to let a pregnant employee leave to visit her doctor after she started spotting blood. Walgreens is now the target of a federal lawsuit.
The woman, Jane Doe, “previously asked for too many accommodations,” according to a news release from the Equal Employment Opportunity Commission, and left her position after taking her doctor’s recommendation, according to a complaint the agency filed on Wednesday.
According to the EEOC, Walgreens is accused of denying the employee reasonable accommodations due to her disability. The woman has diabetes and struggles with hypoglycemia. Later that day, she miscarried.
The Pregnancy Discrimination Act (PDA), which was passed in 1978, outlawed discrimination based on a woman’s pregnancy or childbirth-related medical issues. It is an amendment to Title VII of the Civil Rights Act of 1964. It identifies pregnancy discrimination as a violation of employees’ civil rights and a form of discrimination based on gender.
In the eyes of the law, pregnancy is regarded a temporary disability, which means that pregnant employees are treated in the same way as disabled employees. The Pregnancy Discrimination Act is also violated if a pregnant employee is treated in a way that violates disability laws.
I have been looking for a job since 2019. I couldn’t get a job at the local Stop And Shop because the employees are required to log every shift upstairs in the break room. I can’t climb stairs due to Cerebral Palsy. I was turned down for a job at a local gym because I can’t lift 30 lbs.
I rely on my personal care assistant to help me with daily living activities. I would be unable to shower or use the restroom without assistance. Without access to a PCA, it would be impossible for me to work. Working 40 hours a week without using the restroom would be virtually impossible. Could you do your job well knowing you didn’t have access to a bathroom?
Workplaces are supposed to provide reasonable accommodations to employees with disabilities. However, they are not obligated to provide assistance with personal care needs. Two years ago, I applied to work as a host at Texas Roadhouse. I had an interview scheduled and was excited. I brought up the fact that my PCA would be accompanying me to work in an email to the manager, and she canceled my interview.
Reasonable accommodations aren’t supposed to be denied. With the proper support, people with disabilities can be excellent employees. However, employees won’t know that if they refuse to hire us.
Sources:
Marnin, Julia. “Walgreens Manager Refused to Let Pregnant Worker Leave, Feds Say. Then She Miscarried.” The Miami Herald , The McClatchy Company, 29 Sept. 2022, https://www.miamiherald.com/news/nation-world/national/article266554156.html.
“Pregnancy Discrimination in Pennsylvania: Edgar Snyder.” Edgarsnyder.com, Edgarsnyder.com, 19 Apr. 2021, https://www.edgarsnyder.com/employment-law/pregnancy-discrimination/.
“Personal Assistance in the Workplace.” Job Accommodation Network, Job Accommodation Network, https://askjan.org/topics/persassist.cfm.