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2 Employers Charged With Pregnancy Discrimination

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Indiana Civil Rights Commission announced Friday that there is probable cause to believe two women, previously working for R.R. Donnelley & Sons Company, Warsaw, and Pizza King of Muncie, were discriminated against because of their sex in violation of the Indiana Civil Rights Law, according to a press release issued by the Indiana Civil Rights Commission.
In each case, the women were terminated because of their pregnancy, the release states. The press release does not identify the complainants.
According to the release, the complainant was hired by R.R. Donnelley & Sons Co. in August 2013 as a contingent material handler. Among her duties was to stack printed pages onto pallets and lift loads up to 50 pounds. In March the complainant informed her supervisor that she was pregnant and having issues lifting the pallets and books. She then provided Donnelley a physician’s statement prohibiting her from lifting more than 20 pounds for six months. Later that month, her supervisor placed her on light duty assignment of operating the hand-feeding machine where she worked for two hours. However, later that evening, Donnelley called the complainant into an office where Donnelley informed her that she was terminated because they could not accommodate her restrictions, according to the press release.
In the Pizza King case, the press release states the complainant applied for a position where she would be making pizzas, working the oven and perform prep duties around Nov. 5. On the day she completed the application, the owner interviewed her. Pizza King’s owner asked when she would be available to start and what her shirt size was. Additionally, the owner provided her a clock-in number, a start date and an employee packet.
Shortly after that, according to the release, the owner called the complainant and asked whether she had any felonies or disabilities. Once it was learned that the complainant was pregnant, Pizza King informed her that he could not hire her for “safety reasons.”
“It is important to note that a finding of probable cause does not resolve a civil rights complaint. Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support reasonable suspicion that the Indiana Civil Rights Law has been violated. These laws provide remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and training,” the press release states.
The Indiana Civil Rights Commission enforces the Indiana civil rights laws and provides education and services to the public in an effort to ensure equal opportunity for all Hoosiers and visitors to Indiana, the release states.