CBP Settles Lawsuit Over Treatment of Pregnant Employees
U.S. Customs and Border Protection (CBP) settled a long-running case that accused the agency of discriminating against pregnant employees. The settlement comes ahead of a September trial date.
In the settlement, CBP agreed to pay $45 million to the nearly 1,100 women that are part of the class action lawsuit.
The case was initially filed in 2016 with the Equal Employment Opportunity Commission (EEOC). It was granted class action status in 2022.
The lawsuit accused CBP of moving patrol officers and agriculture specialists to “light duty” when they became pregnant, denying them the opportunity to stay in their prior positions with or without accommodations.
Pregnant workers said light duty amounted to fewer chances for overtime and other additional pay, cut their opportunity for advancement, and reduced training options available. Light duty officers also had to give up their firearms.
“Announcing my pregnancy to my colleagues and supervisor should have been a happy occasion — but it quickly became clear that such news was not welcome. The assumption was that I could no longer effectively do my job, just because I was pregnant,” said lead plaintiff Roberta Gabaldon.
CBP Changes
Under the settlement CBP will implement new policies to help pregnant workers including adopting the presumption that pregnant employees can continue to serve in their roles. CBP will also make accommodations for such individuals and will mandate training for managers on the issue.
“This settlement will provide significant relief to victims of this unlawful practice and, with the CBP’s adoption of reforms negotiated in this settlement, CBP should become a leader among law enforcement agencies in providing equal opportunities for pregnant employees to thrive and be regarded as equally capable of performing their jobs as their non-pregnant colleagues,” said Joseph Sellers, partner at Cohen Milstein Sellers & Toll, which represented the class in the lawsuit alongside Gilbert Employment Law.
A judge still must approve the settlement, although lawyers have already reached out to many of the plaintiffs and are optimistic it will be accepted.
In a statement, CBP did not comment on the pending settlement, but praised its nearly 7,000 female law enforcement officers.