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Walmart Defeats EEOC Pregnancy Suit Over Temporary Duty Policy

Feb. 22, 2021, 4:58 PM

The EEOC lacked proof a Walmart distribution center in Wisconsin intentionally discriminated against pregnant workers by excluding them under a nationwide policy that permitted workers injured on the job to temporarily perform only some duties or find other work within their medical restrictions, a federal judge ruled.

To prove discrimination based on the denial of a pregnancy-related job accommodation, there must be evidence that “most” non-pregnant workers who were similar to pregnant workers in their ability or inability to work were accommodated, the U.S. District Court for the Western District of Wisconsin said.

But there was “scant evidence” as to ...