ACLU and Hope Healthcare Center Settle Pregnancy Discrimination Case on Behalf of Certified Nursing Assistant

Westland, Mich. — The American Civil Liberties Union, the ACLU of Michigan, and Hope Healthcare Center, a long-term care facility, today jointly announced that they have reached a settlement in a pregnancy discrimination lawsuit filed by a certified nursing assistant. The mutually satisfactory settlement comes in Myers v. Hope Healthcare Center LLC, filed in December 2013 on behalf of Asia Myers.

Myers’ suit alleged that her employer discriminated against her after she became pregnant by failing to accommodate lifting and pushing restrictions put in place by her doctor. Hope Healthcare Center strongly denied that it in any way acted unlawfully or unfairly in its consideration of Myers’ restrictions or request for accommodations, noting there were legitimate, non-discriminatory reasons for not permitting Myers to work with such restrictions.

Myers had sought damages and the adoption of a workplace policy that provides pregnant employees with necessary accommodations. As part of the settlement, Hope Healthcare Center agreed to implement a policy accommodating pregnant employees. The terms of the agreement are otherwise confidential.

The following comments may be attributed to parties involved in the settlement:

“I am gratified that Hope has agreed to implement important policy changes that will hopefully benefit all of its female employees,” said Asia Myers.

“We are pleased to have reached this resolution that will protect pregnant workers. We will continue to advocate for fair policies and protections nationwide, across industries and professions,” said Lenora Lapidus, director of the ACLU’s Women’s Rights Project.

“In 2009, the ACLU of Michigan successfully lobbied for an amendment to Michigan’s Elliott-Larsen Civil Rights Act, which prevents employers from treating pregnant employees differently from other employees who are similarly situated in their ability or inability to work. Hope's new policy is consistent with these requirements,” said Brooke Tucker, staff attorney at the ACLU of Michigan.