What is the average family income of 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- sonally brought this
case against Walmart, b. thatthecasewouldhavegonetotrial,and c.
that Jamey could have engaged in an eleven-year litigation?
here is the case study
Pregnancy Discrimination at Walmart-Case Settled
when the Baby Is 10 Years Old!
Although the PDA has existed for many years and employers
should therefore be well aware of it, overt pregnancy
discrimination still occurs. One such case began in November 1991,
when
Jamey Stern applied for a job at an Arizona Walmart. Stern had
worked at Walmart before, as a clothing clerk, and was applying for
rehire. When Stern told the assistant manager that she was
pregnant, the manager told her 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 she read a magazine article about
pregnancy 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
unsuccessful.
In 1997, ajury found that Walmart had inten- tionally
discriminated against Stern, awarding her $1,700 in back pay, but
the issue of punitive damages (available in cases of intentional
dis- crimination) was not addressed in the award. Punitive damages
are "money 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
2002, eleven years after the incident, Walmart agreed to pay
$220,000 in damages to Stern and to provide comprehensive training
on pregnancy discrimi- nation to managers.
After the settlement, Ms. Stern noted that "one person can
truly make a difference ... even in the face of such an adversary
as Walmart." Stern also expressed confidence that others would
benefit and become educated
about their rights and about resources, such as the EEOC,
available to protect those rights.