Michigan Woman Sues California Med Tech Company for Pregnancy Discrimination

No one should lose a job opportunity because they’re expecting a child. Federal and state laws prohibit employers from discriminating against current and prospective employees because of pregnancy. Unfortunately, pregnancy discrimination continues to be a problem in the modern workforce. For one Michigan woman, this social issue has become personal.

Jessi Gulian applied for a position with Bexa, Inc., a medical technology company based in California. Bexa developed a device that uses pressure sensors to measure the stiffness, or elastography, of breast tissue and reveal abnormalities. The FDA has approved it as an alternative method of screening for early signs of breast cancer. Its website and marketing materials emphasize its commitment to women’s health under its stated mission of, “No Woman Left Behind.”

After a very promising phone interview, Ms. Gulian was offered the job. She signed and returned an offer letter and called the company to discuss its maternity leave procedures. A few days later, the company called her and told her they were rescinding the job offer because of her pregnancy. Now, Ms. Guilian is pursuing a federal lawsuit.

Federal Laws Prohibit Pregnancy Discrimination

Discriminating against an applicant or employee because she is pregnant is unlawful sex discrimination under the Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964. This federal law applies to most employers with fifteen or more employees.

The PDA says that employers must treat pregnant women the same as other applicants or employees. As long as she can perform the essential functions of a job, with or without accommodation, an employer cannot refuse to hire, fail to promote, lay off, terminate, deny benefits, or otherwise treat a pregnant employee differently because of her condition.

Ms. Gulian says the Bexa representative told her directly that they were rescinding their offer of a job because of her pregnancy, which is a clear, unequivocal violation of the PDA. However, many instances of discrimination are much more subtle. A 2018 investigation by the New York Times revealed that women are often the targets of derision and outright hostility in their workplaces during pregnancy and after childbirth. Employers who condone these negative attitudes may overlook more covert forms of discriminatory conduct.

The PDA prohibits all types of discrimination tactics based on pregnancy or rooted in biases against pregnant women. For example, employers can’t deny a pregnant employee job assignments, training opportunities, or other fringe benefits because of her condition (or because of concerns that it may upset clients or customers). As long as they can perform their jobs, pregnant employees cannot be required to take leave before or stay out for a predetermined length of time after giving birth.

Taking Action to Combat Real-World Pregnancy Discrimination

In addition to the PDA, other laws protect pregnant employees. Federal laws include:

• The Family and Medical Leave Act (FMLA) of 1993 guarantees eligible new parents 12 weeks of leave related to the birth or care of a new child and protects their job during that leave.
• The recently enacted Pregnant Workers Fairness Act (PWFA) requires employers to make reasonable accommodations for pregnant workers.

State laws also protect pregnant workers and applicants from discrimination. The Elliott-Larsen Civil Rights Act prohibits discrimination against Michigan employees because of their pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Its protections mirror those provided by the Pregnancy Discrimination Act.

Pursuing a Pregnancy Discrimination Lawsuit

Unfortunately, pregnancy discrimination continues to be a pervasive problem in workplaces across the country. In addition to outright discrimination, as Ms. Gulian alleges in her complaint, subtly discriminatory acts like delaying a promotion or reassigning a desirable assignment may also be cause for legal action. If you’ve been the victim of pregnancy discrimination, speak to an experienced employment discrimination attorney. In addition to recovering compensation for your losses, a lawsuit can help hold companies accountable for failing to comply with the law. Contact Sommers Schwartz, P.C., today to schedule a complimentary, confidential, and no-obligation consultation.