‘Maternity Leave’ Remark May Be Direct Proof of Bias

The EEOC can pursue its claim that Maryland health-care provider Dimensions Healthcare System failed to promote a female employee because she took leave to have a baby, a federal judge ruled (EEOC v. Dimensions Healthcare Sys., 2016 BL 288080, D. Md., No. 15-2342, 9/2/16).

The case demonstrates that comments made by employees in decision-making positions can potentially lead to direct liability for employers under federal job discrimination law. It highlights the need to train these employees not to give voice to or to consider unlawful factors when making personnel moves.

A statement by Associate Vice President ...