EEOC Sues Kurt Bluemel for Pregnancy Discrimination

BALTIMORE – Kurt Bluemel, a Baltimore County commercial nursery, failed to accommodate a pregnant worker who needed leave and then fired her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.

According to the lawsuit, the pregnant worker requested maternity leave with the expectation that she would resume employment after giving birth. When she attempted to return to work, she was told that no work was available. However, the employer hired new, non-pregnant employes before and after her attempted return.

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-2816) in U.S. District Court for the District of Maryland after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“The Pregnant Workers Fairness Act mandates that employers work with employees to identify accommodations that support pregnancy while protecting the employee’s job,” said Debra Lawrence, Regional Attorney for the EEOC’s Philadelphia District. “An employer cannot escape this mandate by simply firing the employee.”

Rosemarie Rhodes, the EEOC’s Baltimore field office director, said, “Compliance with the Pregnant Workers Fairness Act requires collaboration and an interactive process. Terminating the employee will never work as a way to avoid federal anti-discrimination law.”

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 PWFA went into effect June 27, 2023; resources for employees, employers, and healthcare providers are available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act. For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

This suit is the EEOC’s fourth legal action based on the PWFA this month. News releases on the most recent three PWFA lawsuits can be read here and here. You can read about a recent PWFA-based EEOC conciliation here.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.