DAVIE, Fla. -- -- The U.S. Department of Justice has reached an agreement with Davie to resolve allegations the town discriminated against its pregnant firefighters.
Under the town's current policy, Davie refused to put pregnant firefighters on light duty in their first trimester, regardless of their medical or physical needs. Instead, they had to wait until their second trimester, whether they had a doctor's note or not.
Meantime, Fire Chief Joe Montopoli routinely granted other firefighters' requests for light duty for non-work-related injuries.
The policy is discriminatory and violates Title VII of the Civil Rights Act of 1964 by treating pregnant firefighters differently from their male colleagues, federal officials said.
"The policies and practices of the Davie Fire Department regarding the assignment of light duty for pregnant women were sexually discriminatory," said Wifredo A. Ferrer, U.S. attorney for the Southern District of Florida. "Discrimination on the basis of sex and pregnancy is illegal."
The town plans to discontinue its current policy.
"Decisions about how and when to restrict a pregnant woman's work duties should be made by the woman and her doctor, and employers must make certain that their policies and practices treat pregnant women the same as people who are similarly able or unable to work," said Thomas E. Perez, assistant attorney general for the Civil Rights Division. "We will not tolerate public employers engaging in this type of unlawful discrimination."
Ten current or former Davie firefighters filed discrimination complaints with the Equal Employment Opportunity Commission, prompting the federal investigation.
Firefighter Lori Davis asked to go on light duty after becoming pregnant in 2009, but was told she had to wait until her second trimester on Dec. 10, 2009, despite a doctor's note. Davis helped fight a fire on Nov. 16, 2009, and had a miscarriage eight days later -- just 17 days before she was to start light duty.
"My doctor did not feel comfortable with me working full duty, but I had no choice because I needed the money," she wrote in her EEOC complaint. "I lost my baby on Nov. 24, 2009, while working full duty."
The International Association of Firefighters recommends that pregnant firefighters not participate in firefighting, hazardous material and EMS operations from the time pregnancy is confirmed. Alternative duty should be assigned for pregnant firefighters, preserving rank and wages.
Since 2008, the fire department also has required pregnant firefighters to leave active duty upon the start of their second trimester, regardless of their ability to do the job.
The consent decree requires Davie to adopt policies that protect its employees from discrimination on the basis of sex, including pregnancy. The town must also conduct training to ensure supervisors properly handle discrimination complaints.
Copyright 2012 - Sun Sentinel, Fort Lauderdale, Fla.
McClatchy-Tribune News Service
