Kurt Bluemel Inc. to Pay $40,000 in EEOC Pregnancy Discrimination Suit
Federal Agency Charged Maryland Commercial Nursery Terminated Employee Due to Pregnancy
BALTIMORE COUNTY, Md. – Kurt Bluemel, Inc., a plant nursery in Baldwin, Maryland, will pay $40,000 and furnish significant remedial relief to settle a federal pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC’s lawsuit, a pregnant worker who had been employed by the company since 2017 requested maternity leave in September 2023, with the expectation that she would return to work after giving birth. When she attempted to return to work in December 2023, she was told that no work was available. However, the employer hired new, non-pregnant employes before and after her attempted return, the EEOC said.
Such alleged conduct violated the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, which prohibit discrimination based on pregnancy. The EEOC filed suit (EEOC v. Kurt Bluemel, Case No. 24-cv-02816-JKB) in U.S. District Court for the District of Maryland after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
In addition to the $40,000 in monetary relief to the then-pregnant applicant, the two-year consent decree resolving the lawsuit enjoins Kurt Bluemel from discriminating against any person based on pregnancy in the future. The company will implement and disseminate to all employees a policy prohibiting pregnancy discrimination and will provide training to all supervisors, managers, and other employees on that policy and on the requirements of Title VII and the PWFA. The company will also post a remedial notice about the settlement.
“The Pregnant Workers Fairness Act ensures that women who become pregnant will be able to participate in productive work and earn a living,” said EEOC Philadelphia Regional Attorney Debra M. Lawrence. “The EEOC will continue to enforce this vital federal law.”
For more information on pregnancy discrimination, please visit: www.eeoc.gov/what-you-should-know-about-pregnant-workers-fairness-act.
The EEOC’s Baltimore Field Office is one of four offices in the EEOC Philadelphia District Office, which has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia, and parts of New Jersey and Ohio. Attorneys in the EEOC Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia.
The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)