Professional Service Agreement

Employer Pays $45K to Conciliate Pregnancy Discrimination Charge

November 06, 2017

California-based Peninsula Packaging has agreed to pay $45,000 and provide other relief to settle allegations that the consumer-ready design and packing company violated Title VII when it refused to make a modification to a packer’s job that was required due to her pregnancy. Instead, the company purportedly placed the employee on an involuntary leave of absence. The EEOC’s investigation found reasonable cause to believe that Peninsula Packaging discriminated against the employee due to her pregnancy.

Although Peninsula Packaging admitted no liability, it agreed to enter into a three-year conciliation agreement with the EEOC and the complainant, thereby avoiding litigation. In addition to the monetary relief, the company will hire an outside EEO consultant to develop and conduct effective training for all employees on discrimination with an emphasis on pregnancy discrimination, develop reporting procedures, and assist the company with revising and modifying its current discrimination policies. The EEOC will monitor compliance with the agreement.

"Employers have an obligation to provide an accommodation to a pregnant employee, particularly if they are providing the same accommodation to other employees," said Melissa Barrios, director of the EEOC’s Fresno Local Office. "We commend Peninsula Packaging for working with the EEOC to resolve this charge and for implementing measures intended to prevent discrimination in the workplace."