In a landmark settlement, United States Customs and Border Protection (CBP) agreed to pay $45 million to over 1,000 female employees who alleged that the agency’s policies systematically discriminated against pregnant employees. This settlement concludes a long, hard-fought legal battle that started in 2016, when several CBP officers and agriculture specialists filed complaints with the U.S. Equal Employment Opportunity Commission (EEOC). Each of the employees complained of similar violations of the Pregnancy Discrimination Act (PDA), sparking an investigation into the agency’s discriminatory practices.
This lawsuit highlights the ongoing problem of systemic pregnancy discrimination when it comes to reasonable accommodations. Both before and after the Pregnant Workers Fairness Act (PWFA) took effect in 2023, employers continue to enforce policies that provide pregnant workers with fewer accommodations than their non-pregnant peers or otherwise disadvantage them. Employees who are the victims of systemic pregnancy discrimination should contact a pregnancy discrimination attorney to better understand their rights.
The Customs and Border Protection Pregnancy Discrimination Lawsuit
The plaintiffs in this case worked in CBP’s Office of Field Operations. They alleged that, upon announcing their pregnancies, they were automatically placed on light-duty assignments. These assignments, often administrative or secretarial in nature, were unrelated to their usual duties and led to significant career setbacks. These light-duty roles generally failed to permit overtime or differential pay, which substantially reduced their income during pregnancy. Moreover, the plaintiffs were required to return their firearms while pregnant; when they returned after giving birth, they were required to obtain new certifications to carry weapons. The plaintiffs alleged that this disparate treatment not only hindered their professional advancement but also stigmatized them based solely on their pregnancies.
By contrast with the plaintiffs, employees who were temporarily disabled for non-pregnancy reasons were given more options. Pregnant employees were automatically assigned to light duty assignments, even if they could perform them fully. Plaintiffs alleged this policy was discriminatory because it assumed pregnancy was a disability that requires accommodation, even if the specific employees were fully cleared to work.
The New York Times article further described a “broader male-dominated culture” at the agency, alleging that the plaintiffs and their proposed class members “shared remarkably similar accounts of how the agency displayed a persistent skepticism toward the ability of pregnant officers to their jobs.” Employees alleged that they were demoted from officer roles just because of their pregnancies.
The Customs and Border Protection Pregnancy Discrimination Settlement
As part of the settlement, CBP agreed to implement significant policy reforms. These include a new policy presuming that pregnant employees can do their regular jobs unless they request accommodation. The agency will also provide mandatory training for managers and supervisors on the rights of pregnant workers. The agency will be monitored under the settlement for the next three years to ensure compliance with the settlement agreement.
This $45 million settlement is a victory for the plaintiffs and a step toward more equitable treatment of pregnant workers within the federal workforce. This case highlights the importance of fair treatment for all employees and reminds us that outdated policies must be reformed to ensure that all workers are given equal opportunities to succeed.
The EEOC administrative judge overseeing the case is expected to approve the settlement in September 2024. Once approved, it will not only compensate the affected women but also set a precedent for how pregnancy discrimination cases are handled in the future, particularly within law enforcement agencies like CBP.
This case underscores the ongoing struggle for gender equality in the workplace, particularly in male-dominated sectors like law enforcement. These reforms could serve as a model for other agencies, promoting a more inclusive and fair work environment for all employees.
Pregnancy Discrimination Lawyers
King & Siegel LLP has been a leader in fighting pregnancy discrimination since it was founded. We have a track record of securing justice for pregnant workers, including multiple seven-figure pregnancy discrimination settlements. The firm is currently representing a putative class of pregnant employees in Sattar v. Amazon, where the plaintiffs allege they were not informed of their rights under the Pregnancy Discrimination Act.
If you believe you are a victim of pregnancy discrimination, contact us today.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.