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Employer Settles EEOC Case Over Firing Pregnant Visa Holder And Sending Her To Mexico

A farm labor contractor has recently settled allegations that it discriminated against a pregnant visa holder, according to an announcement from the U.S. Equal Employment Opportunity Commission (EEOC). The case involved an H-2A visa employee from Mexico who was pregnant and requested unpaid leave to attend medical appointments. Her employer, Family Fresh Harvesting, LLC, allegedly terminated her employment and sent her back to Mexico. The EEOC filed a charge against the company, accusing it of sex discrimination in violation of Title VII of the Civil Rights Act.

As part of a conciliation agreement with the EEOC, Family Fresh Harvesting agreed to compensate the affected employee financially. Additionally, the company will implement employment law compliance training for all of its staff. To further ensure compliance, Family Fresh Harvesting will send out electronic notices in both English and Spanish, reaffirming its commitment to providing reasonable accommodations for pregnant employees. The company will also state that its hiring practices will be non-discriminatory with respect to sex or pregnancy.

In a broader context, Title VII’s discrimination protections extend to all workers, including those who are full-time, part-time, seasonal, or temporary, and regardless of citizenship or immigration status. This means that pregnant workers are entitled to the same protections as anyone else under the law.

Pregnancy discrimination has become a central focus for the EEOC recently. In September alone, the agency filed multiple lawsuits related to the Pregnant Workers Fairness Act, each highlighting instances where employees’ accommodation requests were denied. The EEOC is also addressing hiring discrimination. One high-profile case involved a Texas barber school that refused to hire a pregnant candidate, citing concerns about having more than one pregnant worker on staff.

The public sector has also seen significant legal developments. U.S. Customs and Border Protection reached a $45 million settlement in August after being accused of placing pregnant workers on light duty without giving them the option to remain in their regular positions, with or without accommodations. This, too, was found to be in violation of federal law.

These cases underscore the importance of ensuring fair treatment for pregnant workers, and the EEOC’s ongoing efforts highlight the growing scrutiny employers face when it comes to pregnancy-related discrimination.

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