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FOR IMMEDIATE RELEASE
April 18, 2018
PRUITTHEALTH
SUED BY EEOC
FOR
PREGNANCY DISCRIMINATION
Raleigh Nursing and Rehabilitation
Center Refused to Accommodate Pregnant Nursing Assistant and Forced
Resignation, Federal Agency Charges
RALEIGH, N.C. – PruittHealth-Raleigh, LLC, a Georgia
corporation doing business as a nursing and rehabilitation center in Raleigh,
violated federal law when it refused to accommodate the pregnancy-related work
restriction of a certified nursing assistant and forced her to resign, the U.S.
Equal Employment Opportunity Commission charged in a lawsuit filed today.
According to the EEOC’s lawsuit, PruittHealth offered light
duty or job modifications to accommodate the temporary restrictions of
certified nursing assistants (CNAs) who were injured at work. However, the
company refused to grant similar accommodations or modifications to a CNA who
experienced a pregnancy-related work restriction. The EEOC says that in October
2016, the company refused to accommodate the pregnancy-related 20-pound lifting
restriction of CNA Dominique Codrington. Instead, the company’s assistant
director of nursing and a human resources representative forced Codrington to
resign or be fired.
The EEOC said that at all relevant times, the company had
lifting devices and transfer belts available to help lift patients and did not
prohibit CNAs from seeking the assistance of co-workers to lift patients
manually. The EEOC contends that by refusing to accommodate Codrington’s
pregnancy-related lifting restriction and forcing her to resign, the company
violated the law.
The Pregnancy Discrimination Act, an amendment to Title
VII of the Civil Rights Act of 1964, prohibits employers from discriminating
against employees due to pregnancy, including pregnancy-related conditions.
The EEOC filed suit in U.S. District Court for the Eastern District of North
Carolina, (Equal Employment Opportunity Commission v. PruittHealth – Raleigh,
LLC, Civil Action No 5:18-CV-00165-D) after first attempting to reach a
pre-litigation settlement through its conciliation process. The EEOC seeks
injunctive relief, including policy changes at the company, as well as back
pay, compensatory damages and punitive damages for Codrington.
“Employers must generally treat the work restrictions of pregnant employees
just like those of non-pregnant employees," said Lynette A. Barnes,
regional attorney for the EEOC's Charlotte District Office. “Companies must be
careful not to violate federal anti-discrimination law when they pick and
choose which employees to accommodate.”
The EEOC advances opportunity in
the workplace by enforcing federal laws prohibiting employment discrimination.
More information is available at www.eeoc.gov.
Stay connected with the latest EEOC news by subscribing to our email
updates.
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