Oct 1 (Reuters) - Walmart ( WMT ) was accused on Tuesday of
firing an employee at an Ohio store because she was pregnant,
which a nonprofit group said is likely part of a broader pattern
of discrimination by the largest private U.S. employer.
The National Women's Law Center filed complaints with the
U.S. Equal Employment Opportunity Commission and its state-level
counterpart in Ohio on behalf of Corrissa Hernandez, who said
she was fired earlier this year after requesting a part-time
schedule and permission to sit while working as a cashier.
The NWLC said at least one other pregnant employee at the
Oberlin, Ohio, store where Hernandez worked faced similar
treatment, and urged the EEOC to investigate Walmart's ( WMT ) practices
across the country.
"We, and our client, are concerned that in addition to other
pregnant employees at the Oberlin store, workers at the many
other Walmart ( WMT ) stores nationwide may also be experiencing or be
vulnerable to discrimination," the NWLC said.
Bentonville, Arkansas-based Walmart ( WMT ) did not immediately
respond to a request for comment.
Hernandez in the complaint said she learned she was pregnant
after being hired by Walmart ( WMT ) in March. A month earlier, she had
miscarried while working in a job that required her to lift and
turn patients in hospital beds, according to the complaint.
Hernandez said she requested accommodations from the store's
lead cashier in April, and shortly after was told by a manager
that she was being fired because upper management was concerned
that she would call out or leave work early.
Walmart ( WMT ) previously excluded pregnancy from a list of medical
conditions for which it provided accommodations, but has said in
court filings in other cases that it changed that policy in 2017
in response to complaints and an EEOC probe.
The commission in a 2018 lawsuit accused Walmart ( WMT ) of
discriminating against pregnant workers at a Wisconsin warehouse
by denying their requests for restrictions on lifting and other
physical tasks. The 7th U.S. Circuit Court of Appeals in 2022
upheld a judge's dismissal of that case, saying Walmart's ( WMT )
accommodation policy was valid because it applied equally to all
workers.
Walmart ( WMT ) in 2020 had paid $14 million to settle a proposed
class action claiming it had routinely denied "light duty"
assignments to pregnant workers while granting them to injured
and disabled workers. The company denied wrongdoing.
A 2023 federal law, the Pregnant Workers Fairness Act,
requires most employers to provide accommodations for pregnancy.
Previously, employers only had to grant accommodations to
pregnant workers that were already given to employees with other
medical conditions.
Hernandez's complaint accuses Walmart ( WMT ) of violating the PWFA,
the Americans with Disabilities Act, Title VII of the Civil
Rights Act of 1964, and comparable Ohio laws.
Read more:
Walmart ( WMT ) defeats U.S. agency's pregnancy discrimination
lawsuit
Wal-Mart faces another pregnancy bias claim at EEOC
Walmart's ( WMT ) $14 mln settlement of pregnancy bias claims
approved by judge
New pregnancy bias law broadly protects workers, US agency
says