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the Pregnancy Discrimination Act has for many years and employers should

be well aware of it, overt pregnancy ion still occurs. One such case began

1991, when Jamey Stern applied for at Walmart. Stern had worked at Walmart

as a clothing clerk, and was applying for When Stern told the assistant manager

she was pregnant, the manager told her -sne back after she had the baby.,, Stern [Et know that refusing to hire someone

of pregnancy was illegal until later when she read a magazine article about pregnancy discrimination while in her doctor,s waiting room. Stern then filed a discrimination complaint with the EEOC, which filed a lawsuir in 1994 after attempts to settle the case with Walmarl were unsuccessful.

ln 1997, a 1ury found that Walmart had intentionally discriminated against Stern, awarding her $1,700 in back pay, but the issue of punitive damages (available in cases of intentional discrimination) was not addressed in the award. Punitive damages are ,,money damages designed to punish the wrong-doing employer and, deter other employers,, from discriminating. The EEOC appealed, given the jury's finding that the discrimination was indeed intentional. After multiple setbacks, appeals, and the revelation that Walmart had ',fabricated a number of facts during the investigation and the trial," Walmart settled the case. ln December 2002, eleven years after the incident, Walmart agreed to pay $220,000 in damJ'ges to Stern and to provide comprehensive training on pregnancy discrimination to managers.

After the settlement, Ms. Stern noted that "one person can truly make a difference ... even in the face of such an adversary as Walmart.,,

Chapter 3: Legislation 91

Stern also expressed confidence that others would benefit and become educated about their rights and about resources, such as the EEOC, available to protect those rights.

Sources: "Walmart to pay 9220,000 for Rejecting Pregnant Applicant, in EEOC Settlement.,, http://www .eeoc.gov/pres sl1 2-23-02.html, accessed September 26, 2010; "EEOC Litigation Settlements December 2002." http/ larchive.eeoc.gov/litigation/settlements/ settlementl2-02.html, accessed September 26. 2010.

0uesrrorus ro Corusrorn 1. Although the Pregnancy Discrimination Act

had been in existence for thirteen years when Jamey Stern applied for the job at Walmart, the assistant manager still refused to hire Stern and did not attempt to hide the reason. What might explain the manager's actions?

2. Jamey Stern was unaware that pregnancy discrimination is illegat. a. Speculate on the proportion of the popu_

lation that is also unaware of this and other areas covered under discrimination legislation. Estimate the proportion of employees in hiring positions at Walmart and other organizations who are not aware that pregnancy discrimination is illegal.

b. What might Jamey Stern's response have been to being rehired at Walmart while pregnant?

3. What is the average family income of people who work in low-wage jobs? Without the resources of the EEOC, how likely is it a. that someone like Jamey could have per-

sonally brought this case against Walmart, b. that the case would have gone to trial, and