Pregnancy discrimination occurs when expectant women are fired, not hired or otherwise discriminated against as a result of their pregnancy or their desire to become pregnant. In a recent case, a social worker whose job was eliminated but was not allowed to be considered for another job was allowed to proceed with her claims against her former employer.
In Ferdinand-Davenport v. Children’s Guild, a woman – Na’imah Ferdinand-Davenport – worked as a clinician/social worked at The Children’s Guild (TCG). Two days after receiving a promotion, Ferdinand-Davenport announced she was pregnant. Five months later, she was told her job might be eliminated. At the same time, other employees were notified that their positions were in jeopardy but were told of alternative job opportunities not disclosed to Ferdinand-Davenport.
Although the employer alleged that the employee failed to plead sufficient facts, the court disagreed, noting that once Ferdinand-Davenport was aware of the open positions, she attempted to apply for the jobs but TCG failed to return her phone calls or provide her the applicable information so her efforts at applying were unsuccessful. The court explained, “the employer does not escape responsibility for discriminatory failure to hire by making the application process so onerous for a candidate within a protected class that he or she is denied the opportunity to apply at all.”
As such, Ferdinand-Davenport was allowed to proceed with her claims.