Emily Sortor  |  July 26, 2018

Category: Labor & Employment

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Two Walmart employees have filed a class action lawsuit saying the company’s absence policy discriminates against pregnant women, violating New York state labor law.

Kaitlyn Hoover and Leigha Klopp claim that Walmart has an absence policy that punishes workers for unplanned absences, and that the policy unfairly disadvantages pregnant workers who may reasonably need to take time off work at the last minute.

They claim that this policy violates New York state law, which protects workers who need to take leave related to pregnancy.

Allegedly, Walmart tracks employee absences via a point system — if an employee has to miss a scheduled shift, or if they arrive late or leave early without getting approval to do so in advance, they are assigned a disciplinary point. If an employee accrues enough points, their employment can be terminated.

The Walmart pregnancy absence class action lawsuit is reportedly the first class action lawsuit to be brought forward under the New York Pregnant Workers Fairness Act, which went into effect in January 2014.

Hoover and Klop claim that when they worked at Walmart, they had to take time off for pregnancy-related conditions, and the conditions were such that they were not able to give advance warning for their absence. They say that as a result of these absences, they both were fired from their jobs.

The Walmart pregnancy leave class action lawsuit alleges that the two women’s experience was consistent with the experience of many pregnant Walmart employees, and represents an official policy that the store holds.

The Walmart class action lawsuit states that “Walmart is both flouting the law and frustrating its purpose of protecting pregnant New Yorkers from being forced out or fired when they need a temporary, reasonable accommodation in order to stay on the job.”

Allegedly, salaried managers tell hourly employees that they are not allowed to be absent to seek medical treatment without pre-approval, and tell employees that Walmart does not accept a doctor’s note as proof of the legitimacy of an employee’s need to miss work.

Hoover and Klopp seek to represent a Class of pregnant New York Walmart employees who were employed as hourly associates between July 25, 2015 and the date that a judgment on the lawsuit is passed, and who received any disciplinary points as a result of an absence related to their pregnancy.

The Walmart pregnant hourly employees class action lawsuit seeks damages for putative Class Members, and seeks for Walmart to be required to change their policy to comply with the New York Pregnant Workers Fairness Act, and to provide training to employees on their rights under the law.

Hoover and Klopp are represented by Dina L. Baskt, Elizabeth J. Chen, Christine T. Dinan, and Sarah J. Brafman of A Better Balance.

The Walmart Pregnancy Absences Class Action Lawsuit is Kaitlyn Hoover and Leigha Klopp v. Wal-Mart Associates Inc., Case No. unknown, in the New York State Supreme Court of Orleans County.

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