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The Equal Employment Opportunity Commission (EEOC) published a case related to lack of accommodation on March 19, 2024. The employer in this case decided to settle after the EEOC filed a lawsuit. In its lawsuit it states that the employer failed to allow a pregnant employee with two other medical conditions emergency leave to seek medical attention when the person started bleeding at work. Management told her she could not leave until they found a replacement for her. According to the EEOC no replacement was found but the store manager or the team lead could have covered for the employee. Per doctor’s advice, the employee was to seek medical attention but the article states that management informed her that she had requested too many accommodations. The employee, ended up resigning in order to seek the medical attention. According to the EEOC, the employee miscarried later that day.
The EEOC notes that “Such alleged conduct violates Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, which prohibit discrimination on the basis of pregnancy-related conditions and disability…”
This example not only reminds us of the importance of employers following the law but also the importance of doing the right thing. Employers should always consider safety first and foremost in decisions involving staff.
If you have an employee situation that you are dealing with and you are just not sure what to do, contact a professional with knowledge in Human Resources. At Southwestern HR Consulting (SWHRC) we have years of education and experience, in addition to numerous professional certifications, so we can provide recommendations to you before you take the wrong turn. If you want to talk to SWHRC to see how we can help, you can contact us through the SWHRC website on the link above.

Written by | Magdalena Vigil-Tullar
HR Consultant | MBA, SPHR, SHRM-SCP, CLRP
Phone: 505-270-7494 | Email: magdalena@swhrc.com
PO Box 14274 | Albuquerque, NM 87191
