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The Securities and Exchange Commission has announced an initiative to work with the Equal Employment Opportunity Commission to file bigger-impact suits against "systematic" discrimination. "Systematic" refers to a practice or policy rather than an isolated act of discrimination. This is part of the Commission's stated new focus on alleged mistreatment of "workers with care giving responsibilities." Traditionally, the EEOC has litigated less than 1% of all claims filed with the agency.
Bloomberg L.P., the news and financial services company founded by Mayor Michael Bloomberg of New York, was sued last week for reducing female employees' job responsibilities, excluding them from management meetings and replacing them with male employees when they announced they were pregnant.
An increase in government involvement in such cases may create leverage for plaintiffs' counsel pursuing civil claims either though the investigation, filing or threat of a companion government action. The EEOC reports that the number of pregnancy discrimination charges filed with its state and local agencies has increased almost 50% in the last four years. Related civil filings will likely also increase materially in the coming months and years.
In light of the foregoing, extra care should be taken when dealing with women who are expecting the birth of a child, or who are on or recently returned from maternity leave.
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