It’s fairly common for companies to have formal policies to accommodate injured workers who, temporarily, cannot perform physically demanding job requirements; generally, these workers can be assigned to light duty until such time as they receive medical clearance to resume their regular duties. In 2006, when Angie Welfare worked as a Fleet Services Clerk for American Airlines’ Cargo Division at JFK Airport, the airline had such a policy.
Ms. Welfare was a fifteen-year employee of the airline; then she got pregnant. Her physician advised her against lifting more than ten pounds, but otherwise considered her able to work. American Airlines, however, told her the light duty policy did not cover pregnancy, and Ms. Welfare was sent home without pay.
Ms. Welfare filed a complaint with the Equal Employment Opportunity Commission, which recently issued a Determination that American Airlines discriminated against Ms. Welfare by treating women with pregnancy-related restrictions differently from employees with non-pregnancy-related job restrictions.
Two things that stand out in this story–
First, Ms. Welfare filed her complaint in 2006, and didn’t receive a determination until February 2010; and such a determination actually doesn’t provide any relief to Ms. Welfare. If she and the airline are unable to come to a resolution (with the assistance of the EEOC), Ms. Welfare can file a suit in federal court, where the EEOC’s determination may or may not be taken into consideration. Needless to say, a federal suit adds considerable time and expense for both parties. A reminder that it can take a very, very long time, and a very, very large amount of money, for these issues to get resolved.
Second, when Ms. Welfare’s baby was born, American Airlines sent her a congratulatory fruit basket.
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