Allsup’s settles discrimination suit for $950K

Allsup’s Convenience Stores has settled a lawsuit in which the federal government alleged the company discriminated against pregnant employees.

The Equal Employment Opportunity Commission sued the company in 2015, charging it wrongly fired women who were pregnant and sought accommodations at work for medical reasons. The commission accused managers of giving pregnant employees less favorable shifts and tasks, and it claimed that some managers also made disparaging remarks, such as asking women if they were “ever going to quit having kids.”

While denying any wrongdoing, Allsup’s agreed earlier this week to pay $950,000 to a total of 28 women. As part of a consent decree that will span the next three years, the company also will offer to rehire the women and provide letters of reference for other jobs. In addition, the company will adopt new policies for pregnant employees, train staff and report back regularly to the commission.

The company is nearly ubiquitous in New Mexico, with more than 300 stores across the state and in Texas.

Staff at the company’s headquarters in Clovis did not respond to a request for comment.

Federal law requires employers make accommodations for women who are pregnant. In addition, discriminating against an employee because she is pregnant violates the Civil Rights Act.

The commission’s lawyers, however, accused the company of having a policy of denying accommodations for pregnant workers. And in practice, federal officials say, the company sometimes put pregnant employees on unpaid leave even if they did not need accommodations.

According to the lawsuit, one woman suffering complications from her pregnancy presented to a manager a doctor’s note saying she should not lift more than 20 pounds. Federal officials say the manager put her on unpaid medical leave though she did not ask for it and eventually fired her altogether.

A convenience store clerk in Texas also suffered complications during her pregnancy and was placed on bed rest, according to the lawsuit. When she was able to return to work, a health care provider ordered that she not lift more than 20 or 25 pounds and avoid strenuous labor. But the lawsuit says a supervisor sent her home and placed the woman on unpaid medical leave, which she did not request. After 60 days, she was fired.

Mary O’Neill, regional attorney for the Equal Employment Opportunity Commission, said the agency regularly receives complaints of discrimination against pregnant women.

According to the commission, it filed 3,486 charges of such discrimination in fiscal 2016 alone.

“A lot of times,” she said, “women don’t even know they have these rights.”

And employers, O’Neill added, often do not realize the obligations they have to accommodate pregnant staff.