January 2010 - Parks & Recreation - 27

law revie w
By James C. Kozlowski, J.D., Ph.D.

Park Police Pregnancy
Discrimination Claim

itle VII of the federal Civil Rights Act of 1964 makes it unlawful to " dis-

istock

criminate against any individual with respect to his compensation, terms,
conditions, or privileges of employment because of such individual's race,
color, religion, sex, or national origin. " 42 U.S.C. §2000e-2. In 1978, Title VII was
amended by the Pregnancy Discrimination Act ( " PDA " ), 42 U.S.C. § 2000e(k),
to clarify that pregnancy discrimination is a form of gender discrimination prohibited by Title VII. In pertinent part, the PDA provides that " a woman affected
by pregnancy shall be treated the same for all employment-related purposes as
other persons not so affected but similar in their ability or inability to work. " 42
U.S.C. § 2000e(k).

In 2001, six female police officers in Suffolk
County, New York commenced a pregnancy discrimination lawsuit against the County (Lochren v.
Suffolk County). The lawsuit challenged a county
police department policy that excluded pregnant
officers from light-duty assignments. At the time,
eligibility for light-duty assignments was limited to
county police officers suffering from a work-related injury.
At trial, a jury found this policy had a " disparate impact on pregnant police officers " in violation of Title VII and the PDA. In light of the jury's
decision, the County subsequently entered into a
consent decree with the female police officers, effectively ending the litigation. The Lochren consent
decree stated that Suffolk County and the Suffolk
County Police Department would provide no fewer than six months of limited duty during the period of their pregnancies to pregnant officers who
presented a doctor's note requesting limited duty.
Aside from the police department, no other county
departments were specified in the consent decree,
including the county parks department.
In the case of Germain v. County of Suffolk (E.D.
N.Y. 5/29/2009), plaintiff Tara Germain, a county
parks department police officer, alleged that defendant Suffolk County had once again violated the

PDA of Title VII when the County refused her request to be assigned to light duty during the course
of her pregnancy.

Facts of the Case
Germain was hired by Suffolk County as a Park Department police officer on April 15, 2002. On April
23, 2007, Germain met with the chief of police for
the parks department to inform him that she was
pregnant. Germain provided the police chief with a
note from her physician stating that, " in light of her
pregnancy, Germain would not be able to perform
full-duty assignments. " Accordingly, Germain requested to be assigned to light-duty.
At the meeting, the police chief indicated that
there was light-duty work available and that he
would try to accommodate Germain. He noted, however, that Germain's request would have to be approved by the county director of labor relations.
The county labor relations director subsequently denied Germain's request for a light duty assignment. According to the director, Germain was
" ineligible for light-duty because such assignments
were reserved only for Park Department police officers who suffered from injuries sustained on the
job. " After her request for light duty was denied,
Germain took a leave of absence from her park

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January 2010 - Parks & Recreation

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