Kurt Bluemel Inc., a commercial nursery in Baldwin, Maryland, will pay $40,000 and adopt new anti-discrimination measures to resolve a federal lawsuit brought by the U.S. Equal Employment Opportunity Commission over the firing of a pregnant employee.
The EEOC said the company violated the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act of 1964 when it failed to reinstate an employee who had requested maternity leave in September 2023 and attempted to return to work in December. The agency alleges the nursery hired other, non-pregnant workers before and after her attempt to return but denied the original employee reinstatement, citing a lack of available work.
The employee had worked at Kurt Bluemel Inc. since 2017.
Federal law protects workers during pregnancy
The PWFA, which took effect in June 2023, requires employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. In this case, the EEOC argued that the nursery’s refusal to allow the employee to return after maternity leave amounted to unlawful discrimination.
“The Pregnant Workers Fairness Act ensures that women who become pregnant will be able to participate in productive work and earn a living,” said Debra M. Lawrence, regional attorney for the EEOC’s Philadelphia District Office. “The EEOC will continue to enforce this vital federal law.”
The EEOC filed suit in the U.S. District Court for the District of Maryland (Case No. 24-cv-02816-JKB) after efforts to resolve the matter through its pre-litigation conciliation process failed.
Consent decree outlines mandatory training and new policy
As part of the two-year consent decree, Kurt Bluemel Inc. will pay $40,000 in monetary relief to the affected employee. The company also agreed to several non-monetary measures aimed at preventing future violations.
These include:
- Implementing and distributing a written policy prohibiting pregnancy discrimination;
- Providing training on that policy to all supervisors, managers, and employees;
- Posting a remedial notice about the case and settlement at its facility.
The decree also prohibits the company from engaging in any further discrimination based on pregnancy.
