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City settles DOJ pregnancy discrimination lawsuit

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City settles DOJ pregnancy discrimination lawsuit

The U.S. Justice Department has filed a proposed consent decree with the city of Florence, Kentucky, under which the city will pay $135,000 in compensatory damages to two female police officers whose requests for light duty during their pregnancies it had denied.

The city will also pay attorney’s fees as well as the paid leave that police officers Lyndi Trischler and Samantha Riley had been denied, said the department in a statement Wednesday.

The department said that Florence had previously assigned light duty positions to employees who were temporarily unable to perform their regular job duties, regardless of the reason.

But in April, 2013, the city limited light duty with workers with on-the-job injuries and required that workers with non-work-related conditions demonstrate they had no restrictions before they could return to work.

In 2014, both officers were denied light duty when they were unable to perform their duties as patrol officers because of their pregnancies, said the department.

The department, which had filed suit against the city under Title VII of the Civil Rights Act of 1964 and Title 1 of the Americans with Disabilities Act, said this is its first lawsuit challenging a discriminatory light-duty policy since the U.S. Supreme Court’s 2015 ruling in Young V. United Parcel Service Inc., which focused on light-duty policies and pregnant employees.

Under the consent decree, Florence will adopt new polices that allow accommodations, including light duty for pregnant employees and those with disabilities, among other measures.

“No woman should ever have to choose between having a family and earning a salary,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, in a statement. “Equally important, individuals with disabilities who need reasonable accommodations deserve an opportunity to keep their jobs. The Justice Department will continue working tirelessly to protect pregnant women against unlawful discrimination in the workplace.”

The city said in a statement that it settled the Department of Justice’s complaint “to avoid the significant costs and distractions associated with protracted litigation and for the benefit of its employees.”