San Antonio Employment Law Blog

Texas-based J.C. Penney sued for discrimination in hiring

We have discussed pregnancy discrimination quite a bit lately in this San Antonio Employment Law blog. It is almost difficult to stay away from the topic as allegations of pregnancy discrimination have been reported very often in the news in recent weeks. Unfortunately, it seems like this is happening in a number of workplaces.

Some of the latest accusations of pregnancy discrimination have been lodged at Plano, Texas-based J.C. Penney. According to a lawsuit, a J.C. Penney store in Georgia refused to hire a woman because she was pregnant, and the employer did not shy away from telling her that the pregnancy was in fact the reason she was not getting the job.

It is more common, of course, for employers to deny the actual discriminatory reason for not hiring someone, and to instead point to a superficial but legal excuse.

In this case, the woman reportedly had worked for J.C. Penney’s for two years in another location as a cosmetologist. When she relocated, she was listed by the company as a former employee who was eligible to rehire. When she applied at the store in Georgia, the hiring manager told her that the store had bad luck with pregnant employees and that she should apply again after she had her baby.

Making employment decisions based on stereotypes about pregnancy or pregnant women is outlawed by Title VII of the Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978.

Those who face pregnancy discrimination or any other type of workplace discrimination here in Texas may benefit from talking to an employment law attorney about their rights. In many cases, it may be possible to hold the employer responsible for its actions and obtain compensation for damages.

Source: Atlanta Business Journal, “EEOC sues J.C. Penney over alleged discrimination in Georgia,” Jacques Couret, March 22, 2013

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