Ashley Lucas alleges she was fired not once, but twice, for being pregnant from her job with Service Boss Inc., a company that provides clients with household services such as cleaning, plumbing, and landscaping.
In a lawsuit filed last month in federal court, Lucas says she began working at the company in February 2014 but says she was fired in April, then reinstated, only to be fired again in June. She was pregnant at both times, but she says she had no work restrictions and was able to perform her job. She also says that she was a reliable employee. Given all of these factors, she believes she was fired because she was pregnant.
Lucas also describes management making derogatory comments about her pregnancy. According to her lawsuit, she was told that being pregnant made her unreliable and a liability, that she shouldn’t be working while pregnant, and that she should file for disability or welfare benefits.
Lucas’s lawsuit claims the company violated Title VII of the Civil Rights Act, which prohibits sex discrimination in employment, and the Pregnancy Discrimination Act (PDA). She’s seeking to ensure that the practice of firing pregnancy employees ends at Service Boss, as well as back pay, punitive damages, and legal fees. The company could not be immediately reached for comment.
Lucas may be somewhat unique for being fired twice for the same pregnancy, but she’s not the first employee by far to be terminated for getting pregnant. A nonprofit had to pay $75,000 for having a “no pregnancy in the workplace” policy that led to the termination of a pregnant employee. A woman says she was fired after being told to “stay home and take care of [her] pregnancy.” Another says she was fired after being told her pregnancy would make her “move too slow.” The terminations can be swift: one woman claimed she was fired two weeks after telling her employer she was pregnant, while another says it only took hours.
Employers have been warned that these actions run afoul of existing law. Last year, the Equal Employment Opportunity Commission (EEOC) updated its guidance for the first time since 1983 to remind businesses that Title VII and the PDA protect employees from being fired for being pregnant and also require them to be treated the same as any others “in their ability or inability to work” when it comes to accommodations and work adjustments so they can stay on the job. UPS also lost a high-profile case at the Supreme Court this year in a lawsuit brought by Peggy Young for failing to give her light duty during her pregnancy despite giving it to workers with disabilities or even suspended licenses.
And violating the law could come with steep financial consequences — in July, for example, AutoZone was made to pay a record-breaking $185 million in damages in a case where an employee said she was demoted and then fired for being pregnant.
Even so, pregnancy discrimination appears to be an increasing problem. Charges filed with the EEOC have increased from more than 3,900 in 1997 to more than 5,000 in 2013, and they have also outpaced the influx of women joining the labor force. The majority of charges are from women claiming they were fired for being pregnant. Meanwhile, an estimated quarter million women are denied their requests for pregnancy accommodations at work each year.