Walmart Accused of Wrongfully Firing Pregnant Employee

Walmart, the largest private employer in the United States, faced allegations on Tuesday of terminating an employee at an Ohio store due to her pregnancy. A nonprofit group, the National Women's Law Center (NWLC), claimed that this incident is indicative of a systemic issue of discrimination within the company.

The NWLC took action by filing complaints with both the U.S. Equal Employment Opportunity Commission and its Ohio state-level equivalent on behalf of Corrissa Hernandez. Hernandez reported that she was dismissed earlier this year after requesting a part-time schedule and permission to sit while performing her duties as a cashier at an Oberlin, Ohio store.

According to the NWLC, at least one other pregnant employee at the same store experienced similar mistreatment. The organization has urged the EEOC to investigate Walmart's employment practices nationwide, expressing concerns that other pregnant workers across the country may also be facing discrimination.

Hernandez revealed in the complaint that she discovered her pregnancy after joining Walmart in March. A month earlier, she had a miscarriage while employed in a role that required heavy lifting and physical exertion. In April, she sought accommodations from her lead cashier, only to be informed by a manager shortly after that she was losing her job due to concerns that she might take time off or leave early.

Walmart had previously omitted pregnancy from the list of medical conditions for which it provided accommodations. However, it has since stated in court documents related to other cases that it revised this policy in 2017 following complaints and an EEOC investigation.

In a lawsuit filed in 2018, the EEOC alleged that Walmart discriminated against pregnant employees at a Wisconsin warehouse by rejecting their requests for modified duties involving lifting and physical labor. The case was dismissed by the 7th U.S. Circuit Court of Appeals in 2022, which upheld a lower court ruling stating that Walmart's accommodation policy applied uniformly to all employees.

In 2020, Walmart settled a class action lawsuit for $14 million, accusing the company of routinely denying "light duty" assignments to pregnant workers while granting them to individuals with injuries or disabilities. Despite the settlement, Walmart denied any wrongdoing.

Enacted in 2023, the Pregnant Workers Fairness Act necessitates that most employers offer accommodations for pregnant employees. Prior to this law, accommodations for pregnancy were only mandated if similar provisions were provided to workers with other medical conditions.

Hernandez's complaint alleges that Walmart violated the Pregnant Workers Fairness Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and corresponding Ohio statutes.

The unfolding situation underscores the ongoing challenges faced by pregnant employees in the workplace and the importance of upholding anti-discrimination laws to protect their rights and well-being.