Akal Security, Inc., the largest provider of contract
security services to the federal government, will pay $1.62 million to a
class of 26 female security guards, settling a pregnancy discrimination
lawsuit filed by the U.S. Equal Employment Opportunity Commission
(EEOC), the federal agency announced today.
According to the EEOC, in 2004 New Mexico-based Akal began a
nationwide pattern and practice of forcing its pregnant employees,
working as contract security guards on U.S. Army bases, to take leave
and discharging them because of pregnancy. The women worked at Fort
Riley, Hood, Stewart, Campbell, Lewis, Anniston, Sunny Point and Blue
Grass Army Depot. Akal also subjected the women to less favorable terms
and conditions of employment because of pregnancy, including preventing
them from completing their annual physical agility and firearms tests or
forcing them to take such tests before their certifications had
expired. Akal also retaliated against an employee who complained about
the discrimination by filing baseless criminal charges against her, the
EEOC said.
Such alleged conduct violates Title VII of the Civil Rights Act of
1964, as amended by the Pregnancy Discrimination Act, which prohibits
gender discrimination in employment, including pregnancy discrimination.
The EEOC filed suit against Akal in 2008 in U.S. District Court for the
District of Kansas ( U.S. EEOC v. Akal Security, Inc., Case No.
08-1274-JTM-KMH) after first attempting to reach a pre-litigation
settlement through its conciliation process. Eleven of the class members
were also individually represented by Forrest Rhodes and Don Berner of
Foulston Siefkin, LLP, Wichita, Kan. According to its website, www.akalsecurity.com, Akal is one of the largest contract security companies in the United States and operates in 40 states and 20 countries.
“This is a very important settlement that will help protect an entire
class of women from discrimination on account of pregnancy,” said EEOC
Chair Jacqueline A. Berrien. “This agreement reinforces the EEOC’s
commitment to securing fair and equal treatment for all women in the
work place.”
In addition to the monetary relief, the two-year consent decree settling the suit requires Akal to:
- Report to the EEOC about any employees who are required to take a
leave of absence while pregnant, are terminated while pregnant, or make a
complaint of pregnancy discrimination;
- Report to the EEOC about any physical agility test it intends to
implement to screen or requalify employees and whether pregnant
employees are permitted to take the test;
- Issue a message from its CEO to all employees along with a well-defined, comprehensive anti-discrimination policy; and
- Provide annual compliance training to managers and supervisors on the requirements of the Pregnancy Discrimination Act.