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Stephanie Hicks v. City of Tuscaloosa, Alabama

Court of Appeals for the Eleventh Circuit
870 F.3d 1253, 2017 WL 3910426, 27 Wage & Hour Cas.2d (BNA) 761 (2017)
ELI5:

Rule of Law:

The Pregnancy Discrimination Act (PDA) prohibits discrimination based on breastfeeding, as it is a medical condition related to pregnancy. An employer's failure to provide an employee with accommodations for breastfeeding, when such accommodations are provided to other employees with temporary work limitations, can constitute discriminatory constructive discharge if it compels a reasonable person to resign.


Facts:

  • Stephanie Hicks was an investigator on the Tuscaloosa Police Department's narcotics task force.
  • After becoming pregnant, Hicks took twelve weeks of FMLA leave, despite her supervisor, Lieutenant Richardson, suggesting she take only six weeks.
  • Richardson was overheard making derogatory and threatening comments about Hicks regarding her pregnancy and leave.
  • Just eight days after returning from FMLA leave, Hicks was reassigned from the narcotics task force to the patrol division, resulting in a loss of her vehicle, weekends off, a pay cut, and the requirement to wear a ballistic vest.
  • Hicks's physician wrote a letter recommending alternative duties, stating the ballistic vest was restrictive and could cause breast infections that would interfere with her ability to breastfeed.
  • Police Chief Anderson denied Hicks's request for a desk job, an accommodation that had been provided to other officers with temporary injuries.
  • Anderson offered Hicks the options of either not wearing a vest on patrol, which was dangerous, or wearing a 'specially fitted' vest that was ineffective and left dangerous gaps.
  • Believing the offered options were unreasonable and unsafe, Hicks resigned from the police department.

Procedural Posture:

  • Stephanie Hicks filed suit against the City of Tuscaloosa in federal trial court, alleging violations of the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA).
  • A jury returned a verdict in favor of Hicks on her claims for pregnancy discrimination, constructive discharge, and FMLA retaliation, but found for the City on the FMLA interference claim.
  • The jury awarded Hicks $374,000, which the magistrate judge later reduced to $161,319.92 plus costs and attorneys' fees.
  • The City of Tuscaloosa moved for judgment as a matter of law and for a new trial, both of which the trial court denied.
  • The City of Tuscaloosa (Appellant) appealed the denial of its post-trial motions and the court's jury instructions to the U.S. Court of Appeals for the Eleventh Circuit, with Stephanie Hicks as the Appellee.

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Issue:

Does an employer's failure to provide a breastfeeding police officer with accommodations (such as alternative duty without a restrictive vest), which are provided to other officers with temporary work limitations, constitute discriminatory constructive discharge under the Pregnancy Discrimination Act (PDA)?


Opinions:

Majority - Wilson, Circuit Judge

Yes, the employer's failure to provide a reasonable accommodation amounted to discriminatory constructive discharge. The Pregnancy Discrimination Act (PDA) extends to protect against discrimination based on lactation and breastfeeding, as these are medical conditions related to pregnancy and childbirth. While the PDA does not require employers to provide special accommodations, it does require that they treat breastfeeding employees the same as other employees who are similar in their ability or inability to work. Here, the Tuscaloosa Police Department provided alternative duty assignments to other officers with temporary injuries but refused to provide a similar accommodation to Hicks for her breastfeeding-related medical needs. The options offered to Hicks—patrolling without a protective vest or with an ill-fitting one—were so intolerable that a reasonable person in her position would feel compelled to resign. This forced resignation is considered a constructive discharge, which is an adverse employment action prohibited by the PDA.



Analysis:

This decision solidifies the legal principle within the Eleventh Circuit that breastfeeding is a protected characteristic under the Pregnancy Discrimination Act. By adopting the Fifth Circuit's reasoning, the court clarifies that lactation is a 'related medical condition,' extending Title VII protections to postpartum employees. The case establishes that failure-to-accommodate claims for breastfeeding mothers are viable when an employer provides accommodations to other employees with similar temporary limitations but denies them to breastfeeding employees. This precedent strengthens legal protections for working mothers and requires employers to apply their accommodation policies equitably, preventing them from forcing new mothers to choose between their job and their ability to breastfeed.

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