Customs and Border Protection Reaches $45 Million Pregnancy Discrimination Settlement

On August 13, 2024, Customs and Border Protection (CBP), the largest federal law enforcement agency within the United States Department of Homeland Security, agreed to pay $45 million to a class of over 1,000 CBP Officers and Agricultural Specialists to settle their claims alleging sex and pregnancy discrimination in violation of the Pregnancy Discrimination Act.

Specifically, the Plaintiffs claimed that CBP reassigned pregnant employees from their regular work assignments to “light duty” work positions as soon as they disclosed that they were pregnant, without CBP conducting an individualized assessment of whether they could continue to perform the functions of their regular position.

As a result of being placed in light duty positions, the pregnant employees were afforded fewer opportunities and responsibilities, and lost out on overtime, career advancement, promotions, training opportunities, and preferred schedules. The placement of pregnant employees in light duty positions also meant losing the right to carry a firearm, which would require a requalification in the future.

CBP’s treatment of pregnant employees was unlike how it treats employees with other short-term disabilities, as typically, CBP employees with short term disabilities or who experience injuries or illness are placed on light duty only if the employee requested the assignment, whereas pregnant employees at CBP were forced into light duty positions.

The $45 million settlement is coupled with CBP agreeing to modify its personnel practices, including enacting a new policy that presumes pregnant CBP Officers and Agricultural Specialists can continue to serve in their positions, provides a list of accommodations for pregnant employees, and mandates training for managers and supervisors on the rights and reasonable accommodation afforded to pregnant workers.

The settlement is expected to be approved in late September 2024.