Chicago Public Schools System Faces Federal Discrimination Lawsuit

Chicago, IL (Law Firm Newswire) May 20, 2015 – Alleged pregnancy discrimination is the reason for the departure of eight teachers from the Chicago Public Schools system at Scammon Elementary School.

The Department of Justice filed a federal lawsuit, by way of the Equal Opportunity Employment Commission (EEOC), on behalf of two former pregnant teachers in the Chicago Public Schools (CPS) system alleging that administration targeted these two women, and several others, for layoff and received poor performance ratings as a result of becoming pregnant or returning to their jobs after giving birth. The suit seeks monetary compensation and new policies to prevent discrimination.

“The most difficult factor in this particular case is that the CPS does not have clearly written policies in existence that deal with sexual harassment or discrimination and seemingly does not address what is considered to be prejudicial treatment,” says Chicago employment attorney Timothy Coffey.

Other allegations suggested that Principal Mary Weaver of Scammon Elenentary School, who is not a named defendant, did act in a calculated manner and with a set goal in mind, to shed pregnant teaching staff by looking upon them less favorably and evaluating them negatively when it came to performance evaluations. In 1978, Congress amended Title VII of the Civil Rights Act of 1964 to include the Pregnancy Discrimination Act (PDA), which protects a woman’s choice to become pregnant and still keep her job, thereby ensuring equal opportunity employment.

In response, the CPS suggested the aggrieved have no right to damages, no grounds to sue and that the eight affected women lost their jobs between 2009 and 2012 for reasons consistent with business practice. Therefore, the actions taken by Weaver in letting the women go were lawful.

“Defendants further argued that because they acted in accordance with business necessities there was no pattern or practice of discrimination and thus no motivation to terminate the affected personnel,” outlines Coffey.

According to the Chicago-Kent College of Law there appear to be good reasons that the PDA should offer a legal remedy to mothers subjected to adverse actions in their workplace as a result of being pregnant and giving birth, particularly should evidence be present that an employer’s discriminatory actions were evident during or prior to a worker’s pregnancy.

Learn more at http://www.employmentlawcounsel.com/

THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
Call: 312.627.9700

• Leave Under the Americans with Disabilities Act Is Not a Free Pass to Not Work
  Lawsuits can go either way in court, as this plaintiff discovered when she lost her case. “While there are many reasons to file a lawsuit under the Americans with Disabilities Act (ADA), those reasons must be valid when tested by the courts. If they are not, the plaintiff may lose his case. This is what […]
• There is a Proper Way to Issue Severance for Reduction in Force Situations, Says Chicago Employment Lawyer
  There is a right way and a wrong way to issue severances. Employers need to follow a strict protocol or run afoul of the law. “To avoid a charge of ageism, or age discrimination, there are rules a company needs to follow if their reorganization or consolidation process ends up affecting older workers. An older […]
• Chicago Employment Lawyer Asserts Americans with Disabilities Act Does Not Exempt Employees from Work
  Employers need to set clear expectations for employees in order to avoid ADA lawsuits “While there are many reasons to file a lawsuit under the Americans with Disabilities Act (ADA), those reasons must be valid when tested by the courts,” according to Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law […]