What is the average family income of people who work inlow-wage jobs? Without the resources of the EEOC, how likely is ita. that someone like Jamey could have per- sonally brought thiscase against Walmart, b. thatthecasewouldhavegonetotrial,and c.that Jamey could have engaged in an eleven-year litigation?
here is the case study
Pregnancy Discrimination at Walmart-Case Settled
when the Baby Is 10 Years Old!
Although the PDA has existed for many years and employersshould therefore be well aware of it, overt pregnancydiscrimination still occurs. One such case began in November 1991,when
Jamey Stern applied for a job at an Arizona Walmart. Stern hadworked at Walmart before, as a clothing clerk, and was applying forrehire. When Stern told the assistant manager that she waspregnant, the manager told her to "come back after she had thebaby." Stern did not
know that refusing to hire someone because of pregnancy wasillegal until later when she read a magazine article aboutpregnancy discrimination while in her doctor's waiting room. Sternthen filed a discrimination complaint with the EEOC, which filed alawsuit in 1994 after attempts to settle the case with Walmart wereunsuccessful.
In 1997, ajury found that Walmart had inten- tionallydiscriminated against Stern, awarding her $1,700 in back pay, butthe issue of punitive damages (available in cases of intentionaldis- crimination) was not addressed in the award. Punitive damagesare "money damages designed to punish the wrong-doing employer anddeter other employers" from discriminating. The EEOC appealed,given the jury's finding that the discrimination was indeedintentional. After multiple setbacks, appeals, and the revelationthat Walmart had "fabricated a number of facts during theinvestigation and the trial," Walmart settled the case. In December2002, eleven years after the incident, Walmart agreed to pay$220,000 in damages to Stern and to provide comprehensive trainingon pregnancy discrimi- nation to managers.
After the settlement, Ms. Stern noted that "one person cantruly make a difference ... even in the face of such an adversaryas Walmart." Stern also expressed confidence that others wouldbenefit and become educated
about their rights and about resources, such as the EEOC,available to protect those rights.
