Chapter 3 Lagislation FEATURED CASE 3.1 91 gnancy Discrimination at Walmart- Cas

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Chapter 3 Lagislation FEATURED CASE 3.1 91 gnancy Discrimination at Walmart- Case Settled When the Baby Is 10 Years Old! Although the Pregnancy Discrimination Act has Stem also discrimination still occurs. One such case began available to protect a job at Walmart. Stern had worked at Walmart Sources: "Walmart to Pay $220,000 for Rejecting existed for many years and employers should would benefit and become educated about therefore be well aware of it, overt pregna expressed confidence that others ncy rights and about resources, such as the EEOC, in November 1991, when Jamey Stern applied for before, as a clothing clerk, and was applying for rehire. When Stern told the assistant manager Pregnant Applicant, in EEOC Settlement. htp/)www ????.gov/press/1 2.23-02 htmi, accessed Septem ber that she was pregnant, the manager told her 2002." http:/larchive.eeoc.govlitigation/setlements/ 26, 2010, "EEOC Litigation Settlements December to "come back after she had the baby." Stern did not know that refusing to hire someone because of pregnancy was illegal until later when settlement12-02.html, accessed September 26, 2010 she read a magazine article about QUESTIONS TO CONSIDER pregnancy 1. Although the Pregnancy Discrimination Act discrimination while in her doctor's waiting room. Stern then filed a discrimination complaint with the EEOC, which filed a lawsuit in 1994 after attempts to settle the case with Walmart were had been in existence for thirteen years when Jamey Stern applied for the job at Walmart, the assistant manager still refused to hire Stern and did not attempt to hide the reason. What might explain the manager's actions? unsuccessful. In 1997, a jury found that Walmart had intentionally discriminated against Stern, awarding her $1.700 in back pay, but the issue of punitive damages (available in cases of intentional discrimination) was not addressed in the award. Punitive damages are money ? 2.Jamey Stern wisillegal. 2. Jamey Stern was unaware that pregnancy discrimination is illegal a. Speculate on the proportion of the popu- lation that is also unaware of this and other areas covered under discrimination legislation. Estimate the proportion of employees in hiring positions at Walmart and other organizations who are not aware that pregnancy discrimination is illegal. What might Jamey Stern's response have been to being rehired at Walmart while pregnant? damages designed to punish the wrong-doing employer and deter other employers" from discriminating. The EEOC appealed, given the jury's finding that the discrimination was indeed intentional. After multiple setbacks, appeals, and the revelation that Walmart had "fabricated a number of facts during the investigation and the trial," Walmart settled the case. In December b. 2002, eleven years after the incident, Walmart 3. What is the average family income of agreed to pay $220,000 in damages to Stern and to provide comprehensive training on people who work in low-wage jobs? Without the resources of the EEOC, how likely is it a. that someone like Jamey could have per- pregnancy discrimination to managers After the settlement, Ms. Stern noted that one person can truly make a difference even n the face of such an adversary as Walmart. sonally brought this case against Walmart, that the case would have gone to trial, and b.

Explanation / Answer

I think that it’s possible the assistant manager was unaware of the Pregnancy Discrimination Act at the time of the interview. It is difficult to analyze another person’s actions but, I would like to think that if the assistant manager knew of the law, they would not have violated it. I suppose they could have momentarily forgotten about it, or maybe even felt like it wasn’t truly an issue.

According to the Bureau of Labor Statistics (BLS), the average family income of people who work low-wage jobs is approximately $53,000 (it is important to note that the individual income – not family – is roughly $14,500).

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