AT&T Mobility is one of many companies in Texas and throughout the country that uses a “no-fault” policy when it comes to attendance. Essentially, employees are given points for being late, leaving early or being absent from work on a given day. If an employee gets too many points, the company may decide to terminate that person. Two former employees say that the system used by AT&T Mobility was discriminatory.
The two women filed a lawsuit in U.S. District Court for the Northern District of Indiana. They claim that they were terminated because of issues related to their pregnancy. One of the plaintiffs claimed that she had to take time off for nausea and other pregnancy-related issues after October 2014. She had her child in June 2015 and was terminated after returning in July 2015 because of absences that occurred while pregnant.
The other plaintiff worked at stores in New York and Las Vegas between 2012 and 2017 and claims that she wasn’t told about the demerits incurred because of her pregnancy. She was terminated after missing work to care for her son after his birth. The lawsuit is asking that the company revise its attendance policies throughout the country. It also asks for compensation for lost wages as well compensatory and punitive damages.
If a woman is discriminated against because she is pregnant, that could be a violation of employment law. Generally speaking, employees cannot be treated differently than others who are forced to miss work because of a health issue or a legal obligation such as jury duty. Employees who are passed over for job opportunities, harassed or terminated because of a health condition related to pregnancy may be victims of retaliation. Those individuals may be entitled to compensation in a lawsuit.