Delta Air Lines Resolves EEOC Pregnancy Discrimination Suit

NEW YORK - Delta Air Lines, Inc. will pay monetary relief and furnish other relief to settle a federal pregnancy discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

According to the EEOC's suit, in 2022, an applicant for a New York City ticket/gate/customer service agent position received a conditional job offer from Delta and then disclosed her pregnancy when she attempted to take the required physical ability test administered by Delta's third-party vendor. The vendor refused to let her take the test because of her pregnancy, despite her presenting a medical release form signed by her doctor. Delta later rescinded the job offer because she failed to complete the physical ability test, the EEOC said. Delta also failed to ensure that its vendor offered alternative tests to the applicant.

"Pregnancy should not result in the automatic loss of employment opportunities," said Kimberly Cruz, regional attorney for the EEOC's New York District. "Employers who hire third parties to administer any aspect of their pregnancy policies are responsible for ensuring their compliance with federal law."

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), which prohibits employers from discriminating against applicants and employees based on pregnancy. The EEOC filed suit (EEOC v. Delta Air Lines, Inc., Case No. 25-cv-5448) in the U.S. District Court for the Eastern District of New York after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to providing monetary relief to the harmed applicant, the consent decree settling the suit requires Delta to revise its policies and procedures for pregnant ticket/gate/customer service agent applicants required to take the physical abilities test; share these policies with third-party vendors responsible for administering the physical abilities test; provide training on these revised policies and procedures; periodically report to the EEOC on those efforts; and post a notice about the settlement.

Arlean Nieto, acting director of the EEOC's New York District, said, "Pregnancy should never be a barrier to earning a living or supporting a growing family. The EEOC is committed to enforcing federal laws that protect the rights of pregnant workers and ensure they have equal opportunity to remain in the workforce."

For more information on sex-based discrimination, please visit https://www.eeoc.gov/sex-based-discrimination .

The EEOC's New York District Office has jurisdiction over Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island, and Vermont.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov .