ePlace Solutions, Inc. reposted this
Who still does this? Terminating a woman immediately following a “stillbirth” during her fifth month of pregnancy when she asked for time off to recover and grieve. A few issues to point out: 1. The 18-month old federal law, called the Pregnant Worker’s Fairness Act (PWFA), was enforced in this case, and employers need to pay attention because its application is broader than they may think; 2. Employers are still making terrible choices that defy decency and common sense (while violating the law) making it difficult for EPL underwriters to identify the bad risks; 3. Lago Mar Resort (and, I argue, all organizations) need to seek advice from qualified HR advisors or employment counsel before making a termination or other adverse employment decisions; EPL underwriters should consider making this a requirement or offering a financial incentive for their insureds to seek advice before taking adverse action; and 4. Lago Mar Resort is lucky that the settlement was only $100k! In many state-court actions, the settlement would likely have been MUCH higher.