On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit decided EEOC v. Wal-Mart Stores, Inc., and ruled that a light duty policy only covering workers injured on the job was lawful, and did not illegally exclude pregnant employees. The decision can be found here. The decision provides guidance under federal law for employers considering whether they can limit light duty to only those employees injured on the job. In particular, this decision is helpful for public safety employers due to the frequency with which light duty is requested and utilized by public safety employees.
From 2014–2017, the Wal-Mart Distribution Center in Menomonie, Wisconsin offered a temporary light duty under a “Temporary Alternate Duty” Policy (“TAD Policy”) to employees who were injured on the job. The TAD Policy allowed workers injured on the job to keep working and earning their full wages, while complying with any medical restrictions. Employees on light duty under the TAD Policy were reevaluated for potential return to duty after 90 days. Wal-Mart did not offer similar light duty opportunities to pregnant employees or employees injured outside of their work for Wal-Mart. Instead, workers who were pregnant or injured off the job were required to take leave. The EEOC sued Wal-Mart, alleging the TAD Policy violated the Pregnancy Discrimination Act by denying light duty to pregnant employees.
The Court concluded that, since Wal-Mart’s TAD policy was drafted and executed to comply...
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