Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

“The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil Rights Act of 1964 and Title I of the Americans with Disabilities Act (ADA).

 

According to the department's complaint, Florence discriminated against two pregnant police officers by denying both officers' requests for light duty.  The department alleges that Florence previously assigned light duty positions to employees who were temporarily unable to perform their regular job duties, regardless of why the employee needed light duty.  In April 2013, within months of a police officer's pregnancy-related light duty request, Florence limited light duty to employees with on-the-job injuries.  Florence also required that employees with non-work-related illnesses, injuries or conditions demonstrate that they had "no restrictions" before they could return to work.

 

Under the consent decree, which still must be approved by the U.S. District Court for the Eastern District of Kentucky, Florence will adopt new policies that allow accommodations, including light duty, for pregnant employees and employees with disabilities; establish an effective process for receiving and responding to employees' accommodation requests and discrimination complaints; and ensure the proper maintenance of employee medical records.  In addition, Florence will train all supervisors, administrators, officers and employees who participate in making personnel decisions related to light duty and other accommodation requests made pursuant to Title VII and the ADA.  Florence has also agreed to pay $135,000 in compensatory damages and attorney's fees as well as restore the paid leave that Officers Trischler and Riley were forced to use.”