$45M Settles Pregnancy Discrimination Class Action with Customs and Border Protection

Last August, the Customs and Border Protection (“CBP”) agreed to settle, for $45M, a class action lawsuit with more than 1,000 class members alleging systemic discrimination against pregnant workers. The lawsuit alleged that the CBP automatically put pregnant employees on light duty without allowing them to remain in their regular positions and without offering accommodations, in violation of the Americans with Disabilities Act. In addition, light duty limited their ability to earn overtime and enhanced pay rates for night and Sunday work.

In addition to the $45M payment, the CBP agreed to reform its policies to eliminate discriminatory practices against pregnant employees, presume pregnant employees could continue to work in their positions, and identify a non-exhaustive list of accommodations for pregnant employees. The CBP also agreed to mandatory training for supervisors and managers and to return any pregnant employee on light duty to her regular, full-duty position.

What would a respectful workplace have done?

Respectful workplaces do not make assumptions about employees’ abilities, and they do not make decisions based on antiquated beliefs. Rather, they talk with their employees to see if they need reasonable accommodations. And they train their supervisors and managers to ensure supervisors and managers know how to properly treat their employees and respond to accommodation requests.

Make sure your employees understand what they must do – and not do – when an employee announces a pregnancy and/or asks for an accommodation. To find out more about our training programs or to book a workshop, please call 800-458-2778 or email us.