San Jose, CA: A class action lawsuit has been filed in Santa Clara Superior Court against Pier 1 Imports, Inc. for pregnancy discrimination under the California Fair Employment and Housing Act (FEHA). Kimberly Erin Caselman, the named plaintiff in this case, was denied reasonable accommodations for her pregnancy and was placed on involuntary leave per an explicitly stated Pier 1 policy.
Under Pier 1' "light duty"policy, the company puts women with pregnancy-related conditions on "light duty"for a maximum of eight weeks and then automatically places them on unpaid pregnancy leave if they continue to need accommodations.
Ms. Caselman began working for Pier 1 as a Sales Associate in San Jose, California in 2011. In November 2013, her doctor told her she should not lift more than 15 pounds or climb ladders during her pregnancy. Pier 1 then placed Ms. Caselman on an eight-week-only light duty assignment, which expired January 16, 2014, nearly six months before her due date.
In violation of California law, Pier 1 repeatedly refused to accommodate Ms. Caselman, insisting that its policy precluded extending her accommodations beyond eight weeks. Ms. Caselman was able to perform her job while on light duty, but Pier 1 nonetheless placed her on involuntary unpaid leave. When that leave expires in May, Ms. Caselman will still be pregnant, and will still need her doctor-advised accommodations.
This bright-line policy likely adversely affects a substantial number of women employed by Pier 1. For that reason, Ms. Caselman is bringing this claim on behalf of herself and all women employees who were, or in the future will be, forced to take unpaid leave after eight weeks of light duty.
California law requires employers to provide reasonable accommodations to pregnant workers and prohibits employers from placing pregnant women on involuntary leave. The pregnancy accommodation law was enacted in 1999. A pending federal bill, the Pregnant Workers Fairness Act, would extend similar protections to women across the country.
