EEOC Rules for Ex-TSA Screener in Pregnancy Case

September 2, 2005 ( - The Equal Employment Opportunity Commission (EEOC) has ruled that the federal Transportation Security Administration (TSA) improperly refused to allow a pregnant San Diego security screener to take breaks to handle medical issues.

According to a news report, the EEOC has decided that Clare Domingo had a valid gender and disability discrimination case against the TSA. Domingo was assigned to the San Diego International Airport.

The EEOC found that Domingo, who was diagnosed with gestational diabetes, needed periodic breaks from her job to check her blood sugar level and take care of matters relating to her medical condition and her pregnancy, such as getting the necessary food to bring her blood sugar levels back to normal.

After TSA rejected her request for regular breaks from her work, Domingo asked to be moved to a part-time position, which was denied by the agency. Domingo, who was hired by the agency in the fall of 2002, also asked for an administrative job that would allow for regular breaks, but that request was also denied.

Domingo then took an unpaid leave of absence in October 2003, for the rest of her pregnancy because of health complications associated with her diabetes.

While on the unpaid maternity leave, she was denied a request for promotion on February 6, 2004, to a lead position which would have involved a salary increase. She had been working in an acting lead capacity for five months before she took the unpaid leave and was told that the application process was a mere formality.

Domingo resigned from TSA on August 2004 for personal reasons unrelated to her EEOC complaint, according to the news report.