EEOC Sues Delta Air Lines for Pregnancy Discrimination

NEW YORK – Delta Air Lines violated federal law when it rescinded a job offer from an applicant due to her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s lawsuit, Delta extended a conditional employment offer in July 2022 to an applicant for a ticket agent customer service representative position at one of its New York City airport locations. One condition Delta required was passing a physical ability test; when the applicant, who was in the early stages of pregnancy, presented a medical release form signed by her doctor confirming her ability to take the test, the third party hired by Delta to administer the test refused to because of her pregnancy. After the applicant told Delta she presented the required medical release and was still turned away based on her pregnancy, Delta failed to take corrective action and instead rescinded the job offer, the suit said.

“Employers cannot evade liability for discriminatory employment decisions by blaming a third party,” said Kimberly A. Cruz, Regional Attorney for the EEOC’s New York District Office. “This case stands as a reminder to employers that they are responsible for ensuring that their policies and practices, including those implemented by their agents, do not result in unlawful discrimination.”

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), which prohibits employers from discriminating against applicants and employees based on pregnancy. The EEOC filed suit (EEOC v. Delta Air Lines, Inc., Case No. 25-cv-5448) in U.S. District Court for the Eastern District of New York after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The agency is seeking back pay and compensatory and punitive damages for the employee, as well as appropriate injunctive relief to prevent any further discriminatory practices.

EEOC Acting District Director Arlean Nieto said, “Our office is committed to ensuring that no one is denied an opportunity for employment or subjected to discrimination because of their pregnancy status. The law holds employers accountable for creating a workplace where all individuals are treated fairly and equitably regardless of pregnancy status or any other protected characteristic.”

The lawsuit was initiated by the EEOC’s New York City Office, which is one of four component offices of the EEOC’s New York District Office. Attorneys in the New York District Office prosecute discrimination cases in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

For more information on pregnancy discrimination in employment, please visit https://www.eeoc.gov/pregnancy-discrimination.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.