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Press Release 09-25-2018

EEOC Sues Nix Hospitals System, LLC D/B/A Nix Healthcare System Services For  Pregnancy Discrimination

Woman Fired After Informing Employer of Pregnancy-Related Medical Restrictions, Agency Says

SAN ANTONIO, Texas - Nix Hospitals System, LLC d/b/a Nix Healthcare System ("Nix Hospital"), a provider of comprehensive medical services, including a full-service hospital and various medical facilities in San Antonio, discriminated on the basis of pregnancy when it fired an employee after denying her request for light duty accommodation for her pregnancy-related medical restrictions, but allowed such accommodation for nonpregnant employees similar in abilities or inabilities to work, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.

According to the EEOC's suit, Civil Action Number 5:18-cv-01004, filed in U.S. District Court for the Western District of Texas, San Antonio Division, Nix Hospital violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 (PDA), by refusing to accommodate the employee's pregnancy-related medical restrictions, and instead immediately placed the employee on leave. The employee applied for two open desk positions which would have allowed her to work even with her medical restrictions, but Nix Hospital continued to deny her such light duty positions, resulting in her termination. Nonpregnant employees injured on the job with medical restrictions were, however, granted light duty.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended the Pregnancy Discrimination Act of 1978 (PDA). Under the PDA, employers are prohibited from engaging in sex discrimination on the basis of pregnancy, including making employment decisions based on pregnancy-related medical conditions. It is a violation of federal law to deny work accommodations to employees with pregnancy-related medical restrictions but grant such accommodations to non-pregnant employees similar in their ability or inability to work. After the EEOC's San Antonio Field Office found reasonable cause to believe that Nix Healthcare System had violated the PDA, the agency attempted to reach a pre-litigation settlement through its conciliation process. The remedies sought by the EEOC include back pay, compensatory and punitive damages for the victim, as well as injunctive relief.

EEOC Senior Trial Attorney David Rivela of the EEOC's San Antonio Field Office said, "Women affected by pregnancy or related medical conditions should be treated the same for all employment-related purposes as other persons not so affected, but similar in their ability or inability to work."

EEOC Supervisory Trial Attorney Eduardo Juarez added, "The law is clear - an employer is required to treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other temporarily disabled employees. Employers must fairly and carefully consider the accommodation requests of pregnant employees with medical restrictions and not reject such requests simply because the restrictions are not the result of work injuries."  

The San Antonio Field Office is part of the EEOC's Dallas District Office which is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Texas and parts of New Mexico.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.